Crl.Misc.3035/2024 KABC010085762024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 05th day of April 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.3035/2024 PETITIONERS : 1. V.B. Suresh, S/o. Late V. Basavaraju, Aged about 55 years, R/at PWD Office Road, 8th Ward, Subramanya Nagar, Turuvekere Taluk, Tumkur District – 572 227.

2. B.R. Ranganath, S/o Rangadhamaiah, Aged about 59 years, R/at Ward-2, Near Balaji Theatre, Kottappana Palya, Magadi, Ramanagara – 562 120.

(By Sri. J.C.Kumar, Adv.,) V/s Crl.Misc.3035/2024 RESPONDENT : State by, Vijayanagar Police Station, Bengaluru. (RepresentedbyPublicProsecutor) ORDER ON PETITION U/SEC.439(1)(b) OF CR.P.C. This petition is filed by the petitioners under Sec.439(1)(b) of Cr.P.C., and prays to relax condition No.1 of the bail order passed by this Court in Crl.Misc.No.1264/2024, dated 16.02.2024 in the interest of justice and equity.

2. The petitioners contended that, this Court has enlarged

them on bail in Crl.Misc.1264/2024 on 16.02.2024 by imposing some conditions. One of the condition is that, the petitioners shall appear before the trial court within 30 days from the date of order dated 16.02.2024 and also co-operate for investigation. The petitioners are co-operating with the investigation. The petitioner No.1 was suffering from liver problem he had taken treatment and underwent bed rest and he is permanently residing at Turuvekere, Tumkur District. Due to the said bonafide reasons, he could not able to appear before the trial court within 30 days. The petitioner No.2 was under the impression that both have to appear together before the trial court and therefore petitioner No.2 also not appeared before the trial court, which is neither intentional nor deliberate, but for bonafide reasons. The petitioners are ready to appear before the I.O within 6 days from the date of the order passed by this Court. Hence, prayed to relax Crl.Misc.3035/2024 condition No.1 in anticipatory bail order.

3. The learned Public Prosecutor has filed objections to this

petition contending that, the petition filed by the petitioners is not maintainable. The petitioners have agreed to abide by all the terms and conditions imposed by this court at the time of granting bail. Thereby, the petitioners are not entitled for relaxation of condition No.1 imposed by this Court. If the said condition is relaxed it is not possible to secure the petitioners. 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 petitioners have made out sufficient grounds for allowing petition filed U/Sec.439(1)(b) of Cr.P.C as sought for?

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: On perusal of the bail petition, objection

statement and order passed by this court in Crl.Misc.1264/2024, it is Crl.Misc.3035/2024 noticed that, this petitioners are enlarged on bail by imposing some conditions. The petitioners contended that, condition No.1 states that, “the petitioners shall appear before the I.O within 30 days from the date of this order and co-operate for investigation.” Petitioner No.1 stated that due to his ill-health as he was suffering from liver problem he had taken treatment and underwent bed rest and he is permanently residing at Turuvekere, Tumkur District. Due to the said bonafide reasons, he could not able to appear before the trial court within 30 days. The petitioner No.2 was under the impression that both have to appear together before the trial court and therefore petitioner No.2 also not appeared before the trial court, which is neither intentional nor deliberate, but for bonafide reasons. Now the petitioners undertakes to appear before the I.O within 6 days from the date of the order passed by this court. Hence, the petitioners are praying to relax condition No.1.

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

Court has granted bail by imposing some conditions. But it is not fulfilled by the petitioners. They have violated the bail conditions passed by this Court. Thereby, they are not entitled for relaxation of condition.

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

both the sides, this Court noticed that, the petitioner No.1 stated that, he was suffering from liver problem and taken treatment and he was Crl.Misc.3035/2024 in bed rest and he is residing at Turuvekere, Tumkur and thereby he was not able to appear before the trial court. The petitioner No.2 stated that he was under the impression that both have to appear together before the I.O and therefore petitioner No.2 also not appeared before the trial court, which is neither intentional nor deliberate, but for bonafide reasons. Hence, both petitioners No.1 and 2 were not able to comply condition No.1. Now the petitioners undertakes to appear before the I.O and seeking relaxation of conditions No.1. Thereby, this Court feels that one more opportunity be given to the petitioners to appear before the I.O. Otherwise, the petitioners will be put in trouble. In order to avoid future consequences this Court come to the conclusion that it is better to give one more opportunity to the petitioners. Hence, reasons assigned by the petitioners are satisfied. Thereby, this Court come to the conclusion that condition No.1 may be relaxed. Hence, 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: O R D E R Petition filed by the petitioners under Sec.439(1) (b) of Cr.P.C is hereby allowed. The condition No.1 imposed by this court in Crl.Misc.1264/2024 is relaxed. Crl.Misc.3035/2024 The petitioners are directed to appear before the I.O within 10 days from the date of this order and execute personal bonds for Rs.50,000/- each with two sureties for the likesum. (DictatedtotheStenographer, typedbyher directlyonComputer, revised, corrected and then pronounced by me in the open court on this the 05th day of April, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.3035/2024 ORDERS PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER Petition filed by the petitioners under Sec.439(1)(b) of Cr.P.C is hereby allowed. The condition No.1 imposed by this court in Crl.Misc.1264/2024 is relaxed. The petitioners are directed to appear before the I.O within 10 days from the date of this order and execute personal bonds for Rs.50,000/- each with two sureties for the likesum. LXVIII A.C.C & S.J, Bengaluru City.