KABC010078052024 IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY DATED THIS THE 30TH DAY OF MARCH, 2024 PRESENT: Sri Manjunatha, B.A., LL.B., XLV Addl. City Civil & Sessions Judge, Bengaluru. CRL.MISC. No.2795/2024 Petitioners 1.Nataraj S/o late. B. L. Krishnappa, a/a 50 Yrs., 2.Prakash S/o Late B. L. Krishnappa, a/a 52 Yrs., R/a No.40, 2nd Cross, Mount Sonariya School Road, Freedom Fighters Layout, Laggere, Bengaluru-560 058. 3.Manjula W/o Devaraj, a/a 55 Yrs., R/a No.429, 5th Cross, Laggere Main Road, Chowdeshwarinagar, Bengaluru-560 058. 4.Bhagya W/o late Manjunath, a/a 48 Yrs., R/a No.132/2, Javaramma Vatara, Kamakshipalya Main Road, Bengaluru-560 078. (By Sri/Smt: S. B. Suman, Advocate) AND Crl.Misc.No.2795/2024 Respondent State by Nandini Layout P.S., Bengaluru City. (By the learned Public Prosecutor) ORDER ON PETITION FILED U/S.439(1)(b) OF Cr.P.C., The learned counsel for petitioners has filed petition Sec.439(1)(b) of Cr.P.C., for relaxation of the condition on the ground that :- 2.The petitioners have been already granted anticipatory bail in Crl., Misc., No.10722/2023 dated 18.11.2023. It is submitted that the petitioners are the permanent residents as shown in the cause title, they undertake to co-operate with the investigation and the concerned police have not yet filed final report and they are unable to comply the condition No.1, and if the condition No.1 is not relaxed they 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 petitioners are bound to comply the conditions, as imposed by this Court. If this condition is relaxed there is a chance of absconding of the petitioners 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 Crl.Misc.No.2795/2024 No.1 imposed in Crl., Misc., No.10722/2023 dated18.11.2023atthisstageassoughtfor?

2. Whatorder?

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

under: PointNo.1: PartlyintheAffirmative PointNo.2: Asperfinalorder forthefollowing:- 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 petitioners vide in Crl., Misc., No.10722/2023 dated 18.11.2023 in Crime No.342/2023 of Nandini Layout P.S., for the offences punishable U/s.498A, 323, 342 and 504 r/w sec.34 of IPC, after considering the grounds shown by the petitioners in the petition. While granting anticipatory bail this Court has imposed following condition for compliance by the petitioner:- “1.The Petitioners No.1 and 2 shall mark their 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 petitioners 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 petitioners are the permanent residents as shown in the cause title, they undertake to co- operate with the investigation and the concerned police have Crl.Misc.No.2795/2024 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 petitioners 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 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 petitioners U/s.439(1)(b) of Cr.P.C., is hereby allowed. The conditions No.1 imposed against the petitioners is completely relaxed subject to condition that they 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.107222/2023 dated 18.11.2023 holds good. (Typed to my dictation by the Stenographer directly on Computer, corrected by me and then pronounced in open Court on this the 30th day of March, 2024) (Manjunatha) XLV Addl. CC & SJ, Bengaluru. Digitally signed by MANJUNATH MANJUNATHNAIK RAMA RAMA NAIK Date: 2024.04.04 16:17:21 +0530 Crl.Misc.No.2795/2024 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.2795/2024