KABC010085892024 IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-46) DATED THIS THE 5TH DAY OF APRIL, 2024 PRESENT: Sri Manjunatha, B.A., LL.B., XLV Addl. City Civil & Sessions Judge, Bengaluru. CRL.MISC. No.3041/2024 Petitioner Smt. M. Lalitha W/o b. Umesh, a/a 42 Yrs., r/a House No.101, Sri Ganesha Nilaya, Venkategowda Layout, 1st B Main Road, Kempapura, Bengaluru-560 024. (By Sri/Smt: G. R. Raveendra, Adv.,) AND Respondent State by Adugodi P. S., Bengaluru. (By the learned Public Prosecutor) ORDER ON PETITION FILED U/S.439(1)(b) OF Cr.P.C., The learned counsel for petitioner has filed petition Sec.439(1)(b) of Cr.P.C., for relaxation of the condition on the ground that :- 2.The petitioner has been already granted anticipatory bail in Crl., Misc., No.411/2024 dated 24.01.2024. It is submitted that the petitioner is working as HR Speciailist at Crl.Misc.No.3041/2024 Accenture Private Limited, Bengaluru since October, 2022. She is traveling to New Jersey to attend business meeting from 10.04.2024 to 22.04.2024, and she is unable to comply the condition No.7, and if the condition No.7 is not relaxed she will suffer irreparable loss and injury, which can not be compensated at all. Accordingly, prayed for relaxation of the condition No.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 petitioner 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 petitioner/accused has made out
sufficient grounds for relaxation of condition No.7 imposed in Crl., Misc., No.411/2024 dated 24.01.2024atthisstageassoughtfor?
2. Whatorder?
6. This court has answered on the above points are as
under: PointNo.1: PartlyintheAffirmative PointNo.2: Asperfinalorder forthefollowing:- Crl.Misc.No.3041/2024 R E A S O N S 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.411/2024 dated 24.01.2024 in Crime No.9/2024 of Adugodi P.S., for the offences punishable U/s.498A and 312 r/w Sec.34 of IPC and Sec.3 and 4 of DP Act, after considering the grounds shown by the petitioner in the petition. While granting anticipatory bail this Court has imposed following condition for compliance by the petitioner:- “7.the petitioner shall not leave the jurisdiction of Bangalore City without prior permission". 8.The petitioner has filed this petition for relaxation of condition No.8 as referred above while disposal of the bail petition as imposed by this Court. The learned counsel for the petitioner has submitted that the petitioner is working as HR Speciailist at Accenture Private Limited, Bengaluru since October, 2022. She is traveling to New Jersey to attend business meeting from 10.04.2024 to 22.04.2024 9.On perusal of the documents it is found that if the petition is allowed with a condition, that the petitioner 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.7 is 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.7 with modification as noted above. Accordingly, I answer point No.1 partly in the Affirmative. Crl.Misc.No.3041/2024
10. Point No.2: In view of answer of this Court on point
No.1, this court pass the following: O R D E R The petition filed by the petitioner U/s.439(1)(b) of Cr.P.C., is hereby allowed. The condition No.7 imposed against the petitioner is completely relaxed subject to condition that he 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.411/2024 dated 24.01.2024 holds good. (Typed to my dictation by the Stenographer directly on Computer, corrected by me and then pronounced in open Court on this the 5th day of April, 2024) (Manjunatha) XLV Addl. CC & SJ, Bengaluru. Digitally signed by MANJUNATH MANJUNATH RAMA NAIK RAMA NAIK Date: 2024.04.25 16:04:19 +0530 Crl.Misc.No.3041/2024 Order pronounced in the open court vide its separate order O R D E R The petition filed by the petitioner U/s.439(1) (b) of Cr.P.C. is hereby allowed. (Manjunatha) XLV Addl. City Civil & Sessions Judge, Bengaluru. Crl.Misc.No.3041/2024