1
Crl.Misc.8217/2023
KABC010226182023
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 26 th day of August 2023
:PRESENT:
Sri.Sabappa, B.Com., LLB (Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
CRIMINAL MISCELLANEOUS No.8217/2023
PETITIONER :
Dharanee Dharan L.R,
S/o Ravi Chandran,
Aged about 29 years,
R/at No.49/1, Kattur Theru,
Punjailakkapuram, Erode,
Tamil Nadu Ц 638 002.
(By Sri. Vijaya Kumar.K, Adv.,)
V/s
RESPONDENT :
State by;
Yeshwanhpura Police Station, Bengaluru.

(Represented by Public Prosecutor)
2
Crl.Misc.8217/2023
ORDER ON PETITION U/SEC.439(1)(b) OF CR.P.C.
This petition is filed by the petitioner under Sec.439(1)(b) of
Cr.P.C., seeking to modify the condition No.1 in the order dated
10.07.2023 passed by this Court in Crl.Misc.No.5692/2023 by
permitting the petitioner to appear before the I.O and co-operate for
the investigation, in the interest of justice and equity.
2.

The petitioner contended that, this Court has enlarged
him on bail in Crl.Misc.5692/2023 on 10.07.2023 by imposing
certain conditions. Condition No.1 was to appear before the I.O
within 15 days from the date of the order. The petitioner due to his ill
health he was not able to physically appear before the I.O and
comply the aforesaid conditions though he was granted anticipatory
bail by this Court. Thereby, he prays to modify conditions No.1 in
the final order in Crl.Misc.5692/2023 by extending the time to
appear
before
the
I.O
and
permission
to
co-operate
for
investigation. The petitioner herein undertakes to give full cooperation to concerned I.O until final stage of the investigation.
Thereby, prays to modify condition No.1 in the final order.
3.

The learned Public Prosecutor has filed objections to
this petition contending that, the petition filed by the petitioner is not
maintainable. This Court has granted anticipatory bail to the
petitioner by imposing some conditions. But the petitioner has not
complied the bail conditions. At this stage, the petitioner has not
3
Crl.Misc.8217/2023
made out any grounds to relax condition No.1. Therefore, the P.P
has sought for rejection of this petition.
4.

Heard both sides. Perused the materials on record.

5. The points that arise for my consideration are:
1. Whether the petitioner has made out sufficient
grounds
for
allowing
petition
filed
U/Sec.439(1)(b) if Cr.P.C as sought for?
2. What order?
6.

My findings to the above points are as follows:
Point No.1
:
In the Affirmative,
Point No.2
:
As per final order,
for the following;
REASONS
7.

POINT No.1: I have gone through the contention of
the bail petition and objection statement. It is noticed that the very
petitioner approached this Court by filing Crl.Misc.5692/2023. This
Court has allowed the bail petition filed by the petitioner and
directed the petitioner to appear before the I.O within 15 days from
the date of order. The petitioner was not able to appear before the
learned Magistrate as he was suffering from ill-health. The
petitioner has produced the medical certificate which reveals that
he was suffering from fever, cold and abdominal discomport and he
had taken treatment. Thereby, he could not appear before the I.O
4
Crl.Misc.8217/2023
and comply the conditions imposed by this Court. At this stage, this
Court feels that, the petitioner has made out sufficient grounds to
relax condition No.1 imposed by this court. Hence, I answer point
No.1 in the Affirmative.
8.

POINT NO.2:
In view of my findings point No.1, I
proceed to pass the following:
ORDER
Petition filed by the petitioner under Sec.439(1)
(b) of Cr.P.C is hereby allowed.
The petitioner is granted another 15 days time to
appear before the I.O and co-operate for investigation
as order by this Court vide order dated 10.07.2023 in
Crl.Misc.No.5692/2023.

(Dictated to the Stenographer, typed by her directly on Computer,
revised, corrected and then pronounced by me in the open court on this the
26 th day of August, 2023)
(Sabappa)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.

5
Crl.Misc.8217/2023
ORDERS PRONOUNCED IN THE OPEN
COURT, VIDE SEPARATE ORDER
Petition filed by the petitioner under
Sec.439(1)(b) of Cr.P.C is hereby allowed.
The petitioner is granted another 15
days time to appear before the I.O and cooperate for investigation as order by this
Court vide order dated 10.07.2023 in
Crl.Misc.No.5692/2023.

LXVIII A.C.C & S.J,
Bengaluru City.

6
Crl.Misc.8217/2023