Crl.Misc.2941/2024 KABC010083032024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 06th day of April 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.2941/2024 PETITIONER : Vishwanath Jalamana Madom, S/o Jalamana Madom, Aged about 29 years, Vellayur P.O, Kalikavu, Pin Code – 679327. (By Ms.Nimmy.K.S, Adv.,) V/s RESPONDENT : State by; Pulakeshi Nagar Police Station, Bengaluru. (RepresentedbyPublicProsecutor) Crl.Misc.2941/2024 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 relax the bail conditions No.6 imposed by this Court while granting bail to the petitioner in Crl.Misc.742/2024 dated 06.02.2024.

2. The petitioner contended that, this Court has enlarged

him on bail in Crl.Misc.742/2024 on 06.02.2024 by imposing some conditions. Condition No.6 is that, the petitioner shall not leave the jurisdiction of Bengaluru City without prior permission. The petitioner has co-operated with the I.O for investigation. The petitioner is a Tax Practitioner and he is running VJ Solutions in Kerala and he is dependent solely on the income generated from the aforesaid VJ Solutions for sustenance. The petitioner possesses significant professional responsibilities, failing to fulfill which, the applicant will face severe repercussions, both in terms of work profile and financial situation. The petitioner's parents and his wife are residing in Kerala. His parents are suffering from several health issues. The petitioner is the caretaker of his aged parents and wife. It is therefore necessary for him to be present in Kerala to lookafter his aged parents and take care of their health condition. The respondent police have not filed the charge sheet and he is regularly attending the Police Station for investigation. Due to the aforesaid reasons, he is put to hardship and is neither in position to earn nor lookafter his family. It is submitted that, he shall make Crl.Misc.2941/2024 himself available for interrogation by the I.O as and when required till filing of the final report. He will assist the I.O for further investigation of the case. He shall mark his attendance once in a month. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to the concerned I.O. He will not change his place of residence outside the jurisdiction of Bengaluru city without prior intimation. Hence, prayed to relax condition No.6 in anticipatory bail order.

3. The learned Public Prosecutor has filed objections to

this petition contending that, the petition filed by the petitioner is not maintainable. The petitioner has agreed to abide by all the terms and conditions imposed by this court at the time of granting bail. Thereby, the petitioner is not entitled for relaxation of condition No.6 imposed by this Court. If the said condition is relaxed he may go out of country and it is not possible to secure him. 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? Crl.Misc.2941/2024

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; R E A S O N S

7. POINT No.1: I have perused the petition and objection

statement. It is clearly noticed that, this Court granted bail to the petitioner vide order dated 06.02.2024 in Crl.Misc.742/2024 by imposing some conditions. Now the petitioner is seeking relaxation of condition No.6 stating that, he is a Tax Practitioner and he is running VJ Solutions in Kerala and he is dependent solely on the income generated from the aforesaid VJ Solutions for sustenance. The petitioner's parents and his wife are residing in Kerala. His parents are suffering from several health issues. The petitioner is the caretaker of his aged parents and wife. It is therefore necessary for him to be present in Kerala to lookafter his aged parents and take care of their health condition. The respondent police have not filed the charge sheet and he is regularly attending the Police Station for investigation. Due to the aforesaid reasons, he is put to hardship and is neither in position to earn nor lookafter his family. Hence, he seeks relaxation of condition No.6.

8. On the other hand, the prosecution contended that, the

investigation is not yet completed. The petitioner has agreed to Crl.Misc.2941/2024 abide by all the terms and conditions imposed by this court at the time of granting bail. If the condition No.6 is relaxed the he may abscond and it will be difficult to secure his presence and it is not possible to submit the final report. Thereby, the petitioner is not entitled for relaxation of condition No.6 imposed by this Court.

9. In this sort of allegation and counter allegation made by

both the sides, it is noticed that the petitioner stated in the earlier bail petition that he is ready to abide by any conditions imposed by this Court. Thereby, this Court granted bail to this petitioner by imposing some conditions. Condition No.6 is that, the petitioner shall not leave the jurisdiction of this Court without prior permission. The petitioner is seeking relaxation of condition No.6 and stated that he is a Tax Practitioner and he is running VJ Solutions in Kerala and he is dependent solely on the income generated from the aforesaid VJ Solutions for sustenance. The petitioner's parents and his wife are residing in Kerala. His parents are suffering from several health issues. The petitioner has also produced the Aadhar card and medical records of his parents. This shows that, he is a resident of Kerala. Thereby, this court come to the conclusion that, the petitioner has made out sufficient grounds to relax condition No.6. In view of the above discussion, I answer point No.1 in the Affirmative.

10. POINT NO.2: In view of my findings point No.1, I

proceed to pass the following: Crl.Misc.2941/2024 O R D E R Petition filed by the petitioner under Sec.439(1) (b) of Cr.P.C is hereby allowed. Condition No.6 is relaxed. Petitioner is permitted to go to Kerala. It is further ordered that, the petitioner is directed to co-operate with the I.O for investigation whenever called by the I.O. (Dictated to the Stenographer, typed by her directly on Computer, revised, corrected and then pronounced by me in the open court on this the 06th day of April, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.2941/2024 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. Condition No.6 is relaxed. Petitioner is permitted to go to Kerala. It is further ordered that, the petitioner is directed to co-operate with the I.O for investigation whenever called by the I.O. LXVIII A.C.C & S.J, Bengaluru City.