Karnataka Govt To Move Bombay High Court Seeking Permission To Produce Varavara Rao Before A Local Court In Alleged Naxal Attack Case

A single judge bench of Justice M Nagaprasanna was informed by the prosecutor that, "A necessary application before the High Court of Bombay or National Investigation Agency Court, seeking relaxation of the bail conditions with regard to the petitioner not leaving the jurisdiction of National Investigation Agency Court at Bombay would be sought, only to face the trial in S.C.No.5019/2019."

Advocate V.S.Hegde also submitted an oral undertaking to the court that the petitioner would not be arrested till such an application is filed before the High Court of Bombay or NIA Court and suitable orders of such relaxation are passed.

The submissions were made while hearing a petition filed by Rao challenging the non-bailable warrant issued against him on February 11, by a 4th Additional Sessions Judge in Tumkuru. Rao is an accused in the case registered in 2005 and alleged of being part of the naxal attack.

On February 22, 2021, the Bombay High Court had granted bail on medical grounds to 81-year-old Varavara Rao, an accused in the Elgar Parishad-Bhima Koregaon case, who has been under custody awaiting trial since August 28, 2018.

Among other conditions the court had said that Rao has to remain within the jurisdiction of Special NIA Court, Mumbai. Hegde said the petitioner is required in the Sessions Case No.5019/2019 at Madhugiri Court, Tumkuru and there are grave allegations against him. His absence has resulted in issuance of non-bailable warrant.

Following the undertaking of the prosecution, the court disposed of the petition.

Case Title: VARAVARA RAO @ PENDYALA v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.1833 OF 2022

Citation: 2022 LiveLaw (Kar) 91

Date of Order: 14TH DAY OF MARCH, 2022

Appearance: Advocate S. BALAKRISHNAN for petitioner; Advocate V.S.HEGDE for R2