Sri.R.N.Shanmugam vs. State Of Karnataka

Held

The Court held that the petitioner's submission regarding his role as Managing Director and the need to travel for business purposes, including securing raw materials, selling products, making GST payments, and auditing, was valid. The Court considered that modifying Condition No. IV to permit travel to Bengaluru from Kolar would serve the ends of justice. Consequently, Condition No. IV was modified, allowing the petitioner to leave the jurisdiction of Kolar District and travel up to Bengaluru. Travel to other districts remained restricted. The petition was disposed of with this modification.

Facts

The petitioner, Sri. R.N. Shanmugam, accused No. 1 in a criminal case, had previously been granted bail by the High Court of Karnataka on April 13, 2020, subject to certain conditions. One of these conditions (Condition No. IV) stipulated that he could not leave the jurisdiction of the trial court without prior permission. The petitioner filed a fresh petition seeking relaxation of this specific condition. He argued that as the Managing Director of Sri. Shanmuga Modern Rice Mills Pvt Ltd, which employs over 200 workers, he needs to travel frequently between Kolar and Bengaluru for business purposes, including securing raw materials, managing sales, making GST payments, and auditing. He contended that seeking permission from the trial court for each travel instance would be burdensome and embarrassing.

Key Issues

1. Whether Condition No. IV, restricting the petitioner from leaving the trial court's jurisdiction without prior permission, should be relaxed in light of his business needs and employment responsibilities? (Mixed question of law and fact, turning on Section 439(1)(b) of the Cr.P.C. and the principles of bail conditions). Petitioner's Arguments: The petitioner argued that he has complied with all previous bail conditions. He emphasized his role as Managing Director of a rice mill employing over 200 workers and the necessity of frequent travel between Kolar and Bengaluru for essential business operations such as procuring raw materials, sales, GST payments, and auditing. He submitted that seeking permission from the trial court for every trip would be inconvenient and burdensome. Respondent's Arguments: The respondent-State contested the application.