KABC010079142024 IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-46) DATED THIS THE 28TH DAY OF MARCH, 2024 PRESENT: Sri Manjunatha, B.A., LL.B., XLV Addl. City Civil & Sessions Judge, Bengaluru. CRL.MISC. No.2826/2024 Petitioner Kaushik.M.S., S/o Late M. C. Subbaiah, a/a 33 Yrs., r/a No.1154, 2nd Cross, Paduvana Road, 4th Stage, T K Layout, Kuvempunagar, Mysuru570 023. (By Sri/Smt: M. C. Ravikumar, Adv.,) AND Respondent State by Basavanagudi Women 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.9227/2023 c/w No.9216/2023 dated 25.09.2023. It is submitted that the petitioner is the permanent Crl.Misc.No.2826/2024 resident of Mysore, and his mother is a widow, therefore, he has to take care of her, and the concerned police have not yet filed final report and he is unable to comply the condition No.1, and if the condition No.1 is not relaxed he will suffer irreparable loss and injury, which can not be compensated at all. Accordingly, prayed for relaxation of the condition No.1 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 petitioners/accused have made out

sufficient grounds for relaxation of condition No.1 imposed in Crl., Misc., No.9227/2023 c/w 9216/2023 dated 25.09.2023 at this stage as soughtfor?

2. Whatorder?

6. This court has answered on the above points are as

under: PointNo.1: PartlyintheAffirmative PointNo.2: Asperfinalorder forthefollowing:- Crl.Misc.No.2826/2024 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.9227/2023 c/w 9216/2023 dated 25.09.2023 in Crime No.256/2023 of Basavanagudi Women P.S., for the offences punishable U/s.498A, 323 and 504 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:- “1.The Petitioner shall 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. 8.The petitioner has filed this petition for relaxation of condition No.1 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 the permanent resident of Mysore, and his mother is a widow, therefore, he has to take care of her the concerned police have not yet filed final report. 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.1 is relaxed with some modifications, then it would be met with ends of justice. Accordingly, this Court has come to Crl.Misc.No.2826/2024 the conclusion to relax condition No.1 with modification as noted above. Accordingly, I answer point No.1 partly in the Affirmative.

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 conditions No.1 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.9227/2023 c/w No.9216/2023 dated 25.09.2023 holds good. (Typed to my dictation by the Stenographer directly on Computer, corrected by me and then pronounced in open Court on this the 28th day of March, 2024) (Manjunatha) XLV Addl. CC & SJ, Bengaluru. MANJUNATH DigitallyMANJUNATHsignedRAMAby NAIK RAMA NAIK Date:+05302024.04.04 13:20:11 Crl.Misc.No.2826/2024 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.2826/2024