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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 05TH DAY OF SEPTEMBER 2013

BEFORE

THE HON’BLE MR.JUSTICE N.ANANDA

CRIMINAL PETITION No.2559/2013

BETWEEN:

SRI FAISAL AHMED


S/O MUMTAZ AHMED
AGED ABOUT 35 YEARS
R/AT NO.59, C.V. ROAD
BANNIMANTAP, MYSORE-570001. ... PETITIONER

(BY SRI M T NANAIAH, SENIOR ADVOCATE FOR SRI


SHANKRAPPA, ADV.)

AND

THE STATE OF KARNATAKA


BY STATION HOUSE OFFICE
N.R. POLICE, MYSORE-570001. ... RESPONDENT

(BY SRI VIJAYKUMAR MAJAGE, HCGP)

THIS PETITION IS FILED UNDER SECTION 439(1) (B)


CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 16.11.2012 IN CRL. MISC. NO.1473/2012 PASSED BY
THE II ADDITIONAL SESSIONS JUDGE, MYSORE & ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE


COURT MADE THE FOLLOWING:
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ORDER

Heard Sri.M.T.Nanaiah, learned Senior Counsel for

petitioner and the learned Government Pleader for the State.

2. The learned Senior Counsel for petitioner would

submit that petitioner is the first accused, he is the husband

of victim. The learned Senior Counsel submits that,

petitioner has got a job offer in M/s.Interior Heights at

Dubai. He has produced the copy of offer letter. The learned

Senior Counsel submits that trial court should have relaxed

conditions no.4 and 5 in Crl.Mis.780/2012.

3. The learned Government Pleader would submit that,

petitioner has not placed these materials before the trial

court. If the petitioner were to leave the country, the trial

court cannot proceed with trial. The petitioner may not

come back to attend the trial. In such an event, the entire

prosecution will be frustrated.

4. The petitioner is the husband of victim. He is

arrayed as accused no.1. If petitioner has got job offer and


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has to go to abroad, he has to give an undertaking before the

trial court that he would appear before the trial court during

important stages of the case. The petitioner is also at liberty

to suggest alternative methods to proceed with the trial of

the case. The petitioner has not placed these materials

before the trial court and he had not produced the offer

letter. The prosecution and trial court had no occasion to

ensure the truth of contents of job offer letter.

5. In the circumstances, I pass the following:

ORDER

The petition is accepted. The impugned order is set

aside. The petitioner is at liberty to file proper application

before the trial court to ensure trial of the case and

petitioner may also suggest the course to be adopted by the

trial court to proceed with the case in his absence. In such

an event, the trial court shall consider the application in

accordance with law.

Sd/-
JUDGE
Np/-

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