BENGALURU: The LXVIII Additional City Civil and Sessions Judge at Bengaluru (CCH-69), Sri. Sabappa, has granted a modification of the anticipatory bail conditions for petitioner Dharanee Dharan L.R., who was unable to comply with the original court order due to ill health.
The order, pronounced on August 26, 2023, in Criminal Miscellaneous No. 8217/2023, extends the time granted to Dharanee Dharan L.R. to appear before the Investigating Officer (I.O.) and cooperate with the investigation. This petition was filed under Section 439(1)(b) of the Code of Criminal Procedure (Cr.P.C.) and is linked to the previous bail granted in Crl.Misc.No.5692/2023.
Background of the Case and Original Bail
Dharanee Dharan L.R., a 29-year-old resident of Erode, Tamil Nadu, is an accused in a case registered at the Yeshwanthpura Police Station, Bengaluru. He had previously secured anticipatory bail from the same court on July 10, 2023, in Crl.Misc.No.5692/2023.
The original bail order imposed several conditions, including a mandatory requirement for the petitioner to appear before the Investigating Officer (I.O.) and cooperate for the investigation within 15 days from the date of the order. Non-compliance with such conditions typically leads to the cancellation of the bail and potential arrest.
Grounds for Seeking Modification
The petitioner, represented by Sri. Vijaya Kumar.K, Advocate, filed the petition seeking to modify Condition No. 1 of the July 10, 2023, order.
The core reason cited for the failure to comply with the 15-day deadline was the petitioner’s “ill health.” The petition asserted that due to his physical inability, he could not present himself before the I.O. within the stipulated time. To substantiate this claim, the petitioner produced a medical certificate before the court. The certificate revealed that he was suffering from symptoms such as “fever, cold and abdominal discomfort,” and had been undergoing treatment.
The petitioner undertook to fully cooperate with the I.O. throughout the remaining stages of the investigation, assuring the court that the delay was due to a genuine and unavoidable medical reason.
Prosecution’s Opposition
The learned Public Prosecutor filed objections to the petition, arguing against the modification. The prosecution contended that the petition was not maintainable, pointing out that the petitioner had already been granted anticipatory bail subject to certain conditions and had subsequently failed to comply with them. The Public Prosecutor argued that the petitioner had not made out sufficient grounds to warrant the relaxation of the already imposed conditions and sought the rejection of the plea.
Court’s Reasoning and Decision
After hearing arguments from both sides and scrutinizing the documents, the court found the petitioner’s justification for the delay to be credible and satisfactory.
The court explicitly noted that it was satisfied with the medical evidence presented: “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 and comply the conditions imposed by this Court.”
The Judge determined that the circumstances presented a sufficient ground for the relaxation of the condition, concluding: “At this stage, this Court feels that, the petitioner has made out sufficient grounds to relax condition No.1 imposed by this court.” The court’s willingness to entertain a petition for modification under Section 439(1)(b) Cr.P.C. demonstrates a flexible and humane approach, recognizing that genuine medical emergencies can impede compliance with judicial directives.
Final Order on Modification
In its final decision, the court allowed the petition for modification, affirming that the non-compliance was not deliberate but attributable to a reasonable cause.
The court passed the following operative order:
The petition filed by the petitioner under Section 439(1)(b) of Cr.P.C. is hereby allowed.
The petitioner, Dharanee Dharan L.R., is granted another 15 days time to appear before the I.O. and cooperate for investigation as ordered by the court on July 10, 2023, in Crl.Misc.No.5692/2023.
This extension ensures that the benefit of the anticipatory bail order remains intact, allowing the petitioner to join the investigation without the threat of immediate arrest, provided he adheres to the newly set deadline.