GAURAV GOEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is son of the detenue viz., Vinod Goel. Crime No.10/2015 came to registered against the detenue by the Special Investigation Team, Karnataka Lokayukta, Bengaluru on certain allegations; consequently, remand order dated 12.6.2015 was passed by the Court of XXIII Addl. City Civil & Sessions Judge and Special Judge, Bengaluru City (CCH-24) {'Special Court' for short}; the detenue was detained pursuant to such order; the detenue filed an application before the Special Court seeking an order of bail; the Special Court enlarged the detenue on bail by the order dated 19.6.2015 and issued a release order which has been duly served on the Central Prison authorities, Bengaluru wherein the detenue Vinod Goel is imprisoned.

(2.) Sri M.T. Nanaiah, learned Senior advocate appearing on behalf of the petitioner submits that the detenue cannot be detained in custody after 19.6.2015, on which date the order of bail/release order is granted in favour of the detenue in Crime No.10/2015 by the Special Court; the body warrant issued by the JMFC Court, Tiptur in CC Nos.309/2009 and 63/2009 is only for production of the detenue if detained in custody legally, for appearance before the said Court; the body warrant so issued cannot be equated to the warrant of arrest and thus according to him, the detention of the detenue citing the reason of issuance of the body warrant by the JMFC Court, Tiptur in CC Nos.309/2009 and 63/2009 clearly violates the spirit of Article 21 of the Constitution of India and it contravenes the order of bail granted by the Special Court in Crime No.10/2015.

(3.) Before proceeding further, at the cost of repetition, it is to be mentioned that the detenue was arrested in connection with Crime No.10/2015 registered by Special Investigation Team, Karnataka Lokayukta. Undisputedly, he is granted the order of bail by the jurisdictional Court on 19.6.2015. The conditions of bail order are satisfied and hence the release order is issued by the Court to the Prison authorities, directing the authorities to release the detenue in Crime No.10/2015.