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Judgment
This petition under Section 483 (1)(b) of BNSS, 2023 is filed with a prayer to relax condition No.2 imposed by the Court of IV Additional District and Sessions Judge, Mysuru in Crl.Misc.No.718/2026 vide order dated 11.05.2026.
Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of respondent/State.
FIR in crime No.48/2025 was registered by CEN Crime Police Station, Mysuru for offences punishable under Sections 308, 318 (4) and 319(2) of BNS, 2023 and Section 66(D) of the Information Technology Act, 2008 against unknown persons based on the first information dated 05.05.2025 received from the alleged victim Venkatesh.C. The petitioner was arrested in the said case in Crl.Misc.No.718/2026 before the Jurisdictional Sessions Court which was allowed on 11.05.2026 subject to certain conditions. Condition No.2 imposed in Crl.Misc.No.718/2026 vide order dated 11.05.2026 of IV Additional District and Sessions Judge, Mysuru reads as follows:
"The petitioner shall mark his attendance before the I.O in between 10.00 a.m., to 6.00 p.m., every day till filing o the charge sheet or till further orders which ever is earlier".
With a prayer to relax the same, petitioner had filed Crl.Misc.No.1308/2026 which was partly allowed on 25.08.2026. Therefore, he is before this Court.
Learned counsel for the petitioner submits that petitioner who is a permanent resident of Kerala presently he is residing in Bengaluru, case is registered in Mysuru and the learned Sessions Judge has directed the petitioner to mark his attendance before the Investigating Officer till filing of the charge sheet.
Learned High Court Government Pleader does not opposed the prayer made in the petition and submits that impugned condition may be modified.
Considering the submissions made by the learned counsels appearing for the parties and also the averments found in the FIR registered against the petitioner, under the circumstances, I am of the view that if the impugned condition is modified, the same would meet the ends of justice. Accordingly, following:-
ORDER
Criminal petition is Partly allowed.
Impugned condition No. 2 imposed by the Court of IV Additional District and Sessions Judge, Mysuru in Crl.Misc.No.718/2026 by order dated 11.05.2026 is modified and the same shall read as follows:-
Petitioner shall appear before the Investigating Officer of CEN Crime Police Station, Mysuru on every 1st Sunday and 3rd Sunday of the month between 10.00 a.m., and 1.00 p.m and mark his attendance regularly till filing of the final report by the Investigation Officer.
All other conditions imposed by the learned Sessions Judge remain unchanged.