KABC010089912024
IN THE COURT OF XLV ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 8TH DAY OF APRIL, 2024
PRESENT:
Sri Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.3186/2024
Petitioners
1.Nischal Nagaraj,
S/o Late B. K. Nagaraj, a/a 35 Yrs.,
2.Savithri Nagaraj
W/o late Nagaraj, a/a 65 yrs.,
Both are r/a Samskriti, No.2184,
15th A Cross, HSR Layout, Sector 1,
Bangalore-560 002.
(By Sri/Smt: Y. Bhaskar, Adv.,)
AND
Respondent State by Chandra Layout P. S.,
Bengaluru City.
(By the learned Public Prosecutor)
ORDER ON PETITION FILED U/S.439(1)(b) OF Cr.P.C.,
The learned counsel for petitioners has filed petition
Sec.439(1)(b) of Cr.P.C., for relaxation of the condition on the
ground that :2.The petitioners have been already granted anticipatory
bail in Crl., Misc., No.2431/2024 dated 16.03.2024.

It is
submitted that the petitioner No.1 is working in HCL and he is
Vice President in the said company and he need to attend
2
Crl.Misc.No.3186/2024
outside the country as and when company fix the business
meeting in different parts of country, and he is the one who
always going to abroad to meet the company business
meeting as as solve the technical issues, and he is unable to
comply the condition No.1 and 7, and if the condition No.1 and
7 are not relaxed he will suffer irreparable loss and injury,
which can not be compensated at all. Accordingly, prayed for
relaxation of the conditions No.1 and 7 in the interest of justice.
3.The learned Public Prosecutor has filed objection to
the petition contending that the petitioner is bound to comply
the conditions, as imposed by this Court. If this condition is
relaxed there is a chance of absconding of the petitioners and
and it will cause hurdle to completion of trail of the case.
Accordingly, prayed for dismissal of the petition.
4.Heard arguments on both sides and perused the
materials on record.
5. The following points that arises for consideration of this
Court:
1. Whether the petitioners/accused have made out
sufficient grounds for relaxation of condition
No.1
and
7
imposed
in
Crl.,
Misc.,
No.2431/2024 dated 16.03.2024 at this stage as
sought for?
2. What order?
6. This court has answered on the above points are as
under:
Point No.1: Partly in the Affirmative
Point No.2: As per final order
3
Crl.Misc.No.3186/2024
for the following:REASONS
7.Point No.1: It is an undisputed fact that this court has
granted anticipatory bail in favour of the petitioner vide in Crl.,
Misc., No.2431/2024 dated 16.03.2024 in Crime No.563/2023
of Chandra Layout P.S., for the offences punishable U/s.498A
of IPC and Sec.3 and 4 of DP Act, after considering the
grounds shown by the petitioners in the petition. While granting
anticipatory bail this Court has imposed following condition for
compliance by the petitioner:“1.The Petitioners shall make themselves available
for interrogation by the I.O. as and when required till
the final report is filed. Further, they shall assist the
I.O. in further investigation of the case. He shall
mark his attendance once in a month, i.e., first
Sunday of every month in between 10.00 a.m. and
2.00 p.m. before the I.O., till filing of final report or
further orders whichever is earlier.
7.They shall not leave the jurisdiction of Bangalore
City without prior permission”.
8.The petitioner has filed this petition for relaxation of
condition No.1 and 7 as referred above while disposal of the
bail petition as imposed by this Court. The learned counsel for
the petitioner No.1 is working in HCL and he is Vice President
in the said company and he need to attend outside the country
as and when company fix the business meeting in different
parts of country, and he is the one who always going to abroad
to meet the company business meeting as as solve the
4
Crl.Misc.No.3186/2024
technical issues.
9.On perusal of the documents it is found that if the
petition is allowed with a condition, that the petitioners shall
appear before the concerned I.O., or jurisdictional magistrate, if
required after receipt of notice or summons, the purpose of
prosecution objections would be met with.

Moreover if the
condition No.1 and 7 are relaxed with some modifications, then
it would be met with ends of justice. Accordingly, this Court has
come to the conclusion to relax condition No.1 and 7 with
modification as noted above. Accordingly, I answer point No.1
partly in the Affirmative.
10. Point No.2: In view of answer of this Court on point
No.1, this court pass the following:
ORDER
The petition filed by the petitioners
U/s.439(1)(b) of Cr.P.C., is hereby allowed.
The conditions No.1 and 7 imposed
against the petitioners is completely relaxed
subject to condition that they shall appear
before the I.O., or jurisdictional magistrate, if
required after receipt of Notice or summons
without fail, and the remaining conditions
already
imposed
in
Crl.,
Misc.,
No.2431/2024 dated 16.03.2024 holds
good.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 8th day of April, 2024)
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.
MANJUNATH
RAMA NAIK
Digitally signed by
MANJUNATH RAMA NAIK
Date: 2024.04.25 17:09:01
+0530
5
Crl.Misc.No.3186/2024
Order pronounced in the open court
vide its separate order
ORDER
The petition filed by the petitioners
U/s.439(1)(b) of Cr.P.C. is hereby allowed.
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

6
Crl.Misc.No.3186/2024