BENGALURU: The LXIII Addl. City Civil & Sessions Judge (CCH-64) at Bengaluru has granted a relaxation of the anticipatory bail conditions for three petitioners, Chaitra Venkatesh, Venkatesh, and Padmaj, who are facing charges in connection with a case registered at R.R. Nagar Police Station. The court allowed the modification application, filed under Section 439(1)(b) of the Cr.P.C., thereby extending the deadline for the accused to appear before the Investigating Officer.

The order, dated September 4, 2023, was passed by Sri. A.V. Patil, the LXIII Addl. City Civil & Sessions Judge, in the matter of Criminal Miscellaneous No. 8346/2023. The petitioners are accused of offences punishable under Sections 406 (Criminal Breach of Trust), 420 (Cheating), 504 (Intentional Insult with intent to provoke breach of peace), and 506 (Criminal Intimidation) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) in Crime No. 135/2023.

Background of the Bail Condition Non-Compliance

The three petitioners—Chaitra Venkatesh, W/o Venkatesh, aged 37; Venkatesh, S/o Late B.K. Muniyappa Shetty, aged 61; and Padmaj, W/o Venkatesh, aged 57—were initially granted anticipatory bail by the same court in Crl.Misc. No. 6703/2023 on July 28, 2023.

A standard condition of that bail order, specifically Condition No. 1, required the petitioners to appear before the respondent/Police within 20 days from the date of the order.

The present application for modification was filed because the petitioners failed to comply with this mandatory condition within the stipulated 20-day timeframe.

Grounds for Seeking Relaxation

In their application, represented by their counsel Sri. U. Prasanna Kumar, the petitioners stated that their non-compliance was neither intentional nor deliberate but due to a bona fide reason beyond their control.

They submitted that after receiving the certified copy of the bail order on August 2, 2023, they immediately received a distress call from Mysore informing them of the sudden demise of a close relative. Consequently, the petitioners had to travel to Mysore to attend the funeral and subsequent ceremonies, a commitment that took “more than 15 days.” Given these unforeseen familial obligations and circumstances of bereavement, they claimed they were unable to present themselves before the R.R. Nagar Police Station within the 20-day limit.

The petitioners argued that if the petition was not allowed, they would be subjected to “great hardship and untold misery,” potentially facing arrest despite having secured anticipatory bail on merits. They asserted that granting the relaxation would cause “no harm or prejudice” to the prosecution.

Judicial Reasoning and Decision

The learned Public Prosecutor opposed the application, filing an objection statement and praying for the dismissal of the petition.

Upon hearing arguments from both sides and perusing the records, the court framed the central point for consideration: “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.?”

In its reasoning, the court first acknowledged the undisputed fact that anticipatory bail had been granted on July 28, 2023, with Condition No. 1 requiring their appearance within 20 days.

Crucially, the Judge was satisfied with the explanation provided by the petitioners for their lapse. The order explicitly states: “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.”

Recognizing the bonafide nature of the reason—attending the funeral and ceremonies of a close relative—the court chose a humanitarian and pragmatic approach. It concluded that modifying the condition to allow the petitioners to appear before the police within a further specified period would “serve the purpose” of justice and the prior bail order.

The court, therefore, answered the point for consideration in the affirmative.

Final Order

In its final disposition, the court exercised its power to relax the condition of the previously granted anticipatory bail:

The petition filed by petitioners under Section 439 of Cr.P.C. for modification is allowed, and Condition No. 1 passed in Crl.Mis.No.6703/2023 dated 28.07.2023 is relaxed.

The petitioners, Chaitra Venkatesh, Venkatesh, and Padmaj, are now directed to appear before the respondent police within 15 days from the date of this order (i.e., from September 4, 2023).

This modification ensures that the petitioners retain the benefit of the anticipatory bail previously granted, provided they comply with the new extended timeline for their submission to the investigating authority.