In an order delivered on March 28, 2024, the XLV Additional City Civil & Sessions Judge, Bengaluru City (CCH-46), Sri Manjunatha, B.A., LL.B., allowed the application filed under Section 439(1)(b) of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous Petition No. 2826/2024. The court completely relaxed the mandatory monthly police station attendance condition previously imposed on Kaushik M.S. in connection with Crime No. 256/2023, registered by the Basavanagudi Women Police Station, Bengaluru.
Case Background and Prior Orders
The underlying criminal proceedings originated from a complaint lodged at the Basavanagudi Women Police Station in Crime No. 256/2023 for offences punishable under Sections 498A (cruelty by husband or relatives), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) read with Section 34 of the Indian Penal Code (IPC), along with Sections 3 and 4 of the Dowry Prohibition Act (DP Act).
On September 25, 2023, the Sessions Court granted anticipatory bail to Kaushik M.S. in Crl. Misc. No. 9227/2023 connected with Crl. Misc. No. 9216/2023. While enlarging him on pre-arrest bail, the court imposed Condition No. 1, which required him to:
“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.”
The petitioner’s details as per court records:
- Kaushik M.S.: Aged 33 years, son of late M.C. Subbaiah, residing at No. 1154, 2nd Cross, Paduvana Road, 4th Stage, T.K. Layout, Kuvempunagar, Mysuru – 570 023.
Arguments for Condition Relaxation
Appearing on behalf of the applicant, learned advocate Sri M.C. Ravikumar submitted the following grounds seeking relaxation under Section 439(1)(b) Cr.P.C.:
- Inter-City Travel Friction: The petitioner is a permanent resident of Mysuru, requiring him to travel back and forth to Bengaluru every month solely to mark attendance.
- Domestic Responsibilities: The petitioner’s mother is a widow living in Mysuru who relies entirely on him for care and assistance.
- Delayed Final Report: The investigating officer had not yet submitted the final charge-sheet/report despite the passage of several months, causing continuous hardship and expense.
- Plea of Irreparable Injury: Rigid continuation of the monthly reporting condition would cause undue hardship without adding value to the pending investigation.
Prosecution Objections
The Public Prosecutor strongly opposed the relaxation petition, arguing that:
- The petitioner was bound to comply with the solemn undertakings given to the court at the time of securing pre-arrest bail.
- Complete relaxation of the reporting condition might lead to the petitioner absconding, evading summons, or delaying the eventual trial proceedings.
Judicial Findings and Modified Order
Judge Manjunatha evaluated the petition, case records, and arguments to decide Point No. 1: whether sufficient grounds existed to relax Condition No. 1.
The court observed that requiring a resident of Mysuru to travel to Bengaluru every month during prolonged investigation creates genuine hardship. The court held that the interests of the prosecution could be adequately safeguarded by replacing the rigid monthly appearance with a requirement to appear whenever officially summoned by the Investigating Officer or jurisdictional Magistrate.
Answering Point No. 1 partly in the affirmative, the Sessions Court passed the following order:
- The application filed under Section 439(1)(b) Cr.P.C. is allowed.
- Condition No. 1 imposed in Crl. Misc. No. 9227/2023 c/w 9216/2023 dated September 25, 2023, is completely relaxed, subject to the modified requirement that the petitioner shall appear before the Investigating Officer or jurisdictional Magistrate whenever required upon receipt of formal notice or summons without fail.
- All remaining conditions imposed in the original anticipatory bail order remain in full force and effect.