KABC010229362023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 4th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8346/2023
PETITIONERS:
1.

Chaitra Venkatesh
W/o. Venkatesh,
Aged about 37 years,
R/at No.103, A Block,
Fortuna Center Park,
7th A Block, Canara Bank Layout,
Near Park, Sahakarnagar,
Bengaluru-560 092.

3.

Venkatesh
S/o. Late B.K.Muniyappa Shetty,
Aged about 61 years,
R/at No.581, K-19,
Veenesheshanna Road,
K.R.Mohalla, Mysore.

4.

Padmaj
W/o Venkatesh,
2
Crl.Misc.No.8346/2023
Aged about 57 years,
R/at No.581, K-19,
Veenesheshanna Road,
K.R.Mohalla, Mysore.
(By Sri.U.Prasanna Kumar,
Advocate)
– Vs RESPONDENT :
State by R.R.Nagar Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
The petitioners have filed this petition u/s 439(1)
(b) of Cr.P.C, for modifying the anticipatory bail granted
in their favor in Cri.Misc.No.6703/2023 in connection
with a case registered in Crime No.135/2023 of
respondent/Police Station for the offences punishable
u/s 406, 420, 504, 506 r/w 34 of IPC.
2.

It is stated in the bail application that the
petitioners are innocents and have not committed any
offences as alleged in the complaint. The petitioners
were granted the bail in Cri.Misc. No.6703/2023 on
28.07.2023. The petitioners could not able to comply
the order to appear before the respondent/police within
3
20
days.

After
receiving
Crl.Misc.No.8346/2023
the
certified
copy
on
02.08.2023, these petitioners received a phone call from
Mysore stating that their close relative passed away and
therefore, they went to Mysore to attend the funeral of
their close relative and attending ceremonies which took
more than 15 days and hence they could not comply the
condition No.1. The non-compliance of the order of
condition No.1 is neither intentional nor deliberate, but
due to bonafide reasons. If the petition is not allowed,
the petitioners will be put to great hardship and untold
misery. On the other hand, no harm or prejudice will
be caused to the other side. Hence, prayed to extend the
time
for
further
15
days
to
appear
before
the
respondent/Police.
3.

The learned Public Prosecutor has opposed the
bail application by filing the objections statement and
prayed to dismiss the bail petition filed by the
petitioners.
4.

Heard the arguments from learned Counsel for
petitioners and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
4
Crl.Misc.No.8346/2023
1. Whether the petitioners are entitled for
relaxation of bail conditions as prayed in the
application filed under Sec.439(1)(b) of
Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:
Point No.1: In the affirmative;
Point No.2: As per final order for the following;
REASONS
7.

Point No.1:- At the outset, it is necessary to note that
the petitioners have applied for grant of anticipatory bail by
filing Crl.Mis.No.6703/2023. After hearing, the said petition
was allowed and granted the anticipatory bail to the
petitioners on 28.07.2023 by imposing certain conditions.
As per the condition No.1, the petitioners shall have to
appear before the respondent/Police within 20 days from
the date of order.

According to the petitioners, they were
unable to appear before the respondent/Police within 20
days from the date of passing of the order as their close
relative expired and they had gone to Mysore. This Court
satisfied with the grounds urged by the petitioners for their
non-appearance before the respondent/Police within 20
days from the date of passing of the orders. Having regards
to the facts and circumstances of the case and the prayer
5
Crl.Misc.No.8346/2023
made in the application, in the considered opinion of this
Court, if the petitioners are permitted to appear before the
respondent/Police within 15 days from the date of passing
this order, it would serve the purpose. Accordingly, I
answer this point in the affirmative.
8.

Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The petition filed by petitioners u/s 438 of
Cr.P.C is hereby allowed and relaxed the condition
No.1
passed
28.07.2023.

in
Crl.Mis.No.6703/2023
dated
The petitioners shall appear before
the respondent police within 15 days from the
date of this order.
(Dictated to the Judgment Writer directly on computer, typed
by her, taken print out, corrected by me and then pronounced in the
open Court on this the 4th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge, (CCH-64), Bengaluru City.