THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition Nos. 643 and 644 of 2010 Common Order: Heard. The case of the prosecution is that the deceased is the wife of A1. The deceased was working as Lab Technician. After the marriage, on the advice of her husband, she has abandoned her job. It is alleged that she was harassed demanding additional dowry. On the promise of A1 that he would put up a separate family, the father of the deceased has provided Rs.70,000/- to them and also other household articles. However, the deceased committed suicide on 14.11.2009. Alleging that due to harassment of all the accused the deceased committed suicide, a complaint was given and basing on which a case in Crime No.253 of 2009 of Chirala II-Town Police Station was registered for the offence punishable under Section 304-B IPC. The petitioners were arrested on 16.11.2009. They approached the learned Sessions Judge, Ongole for grant of bail. The learned Sessions Judge, by order dated 25.11.2009, allowed the petition in Crl.M.P. No. 991 of 2009 in respect of A4 by imposing some conditions. The condition Nos.2 and 3 are as follows. “2. Petitioner/A4 shall attend before the Station House Officer, Chirala II Town Police Station on every Wednesday and Sunday till filing of charge sheet and thereafter on every Sunday between 10-00 to 11-00 AM till completion of trial/enquiry of the case, for assurance of her availability and non-interference in any manner with the witnesses. 3. Petitioner/A4 attend before the court of law regularly in enquiry and trial without fail, if not her bail shall be cancelled forthwith, without any further order so that the Magistrate also can issue NBWs by canceling the bail from the power under Section 459(2) Cr.P.C. delegated to the Magistrate by this order during pendency of proceedings before the Magistrate.” The learned Sessions Judge also granted bail to A1, by separate order dated 07.01.2010 passed in Crl.M.P. No.1097 of 2009 by imposing some conditions. The condition Nos.2 and 3 are as follows. “2. Petitioner/accused shall attend before the Station House Officer, Chirala II Town Police Station weekly once till completion of trial/enquiry between 10.00 to 11.00 AM for assurance of her availability and non-interference in any manner with the witnesses. 3. Petitioner/accused shall attend before the Court of law regularly in enquiry and trial without fail, if not his bail shall be cancelled forthwith, without any further order so that the Magistrate also can issue NBW by canceling the bail from the power under Section 439(2) Cr.P.C delegated to the Magistrate by this order during pendency of proceedings before the Magistrate.” Learned counsel for the petitioners/A1 and A4 submits that the above conditions are onerous and it is very difficult to comply with those conditions. It is also submitted that according to condition No.3 if the petitioners are absent on any day, their bail would be cancelled as per the directions of the learned Sessions Judge. The above condition Nos.2 and 3, imposed by the learned Sessions Judge while granting bail to the petitioners/A1 and A4, appears to be harsh. Therefore, they are modified as follows. As far as the condition No.2 imposed on the petitioner/A1 is concerned, he shall report before the Station House Officer, Chirala II Town Police Station on every Sunday between 10.00 AM and 11.00 AM till the date of filing of the charge sheet. The condition No.3 imposed on the petitioner/A1 stands set aside. As far as the condition Nos.2 and 3 imposed on the petitioner/A4 are concerned, both the condition Nos.2 and 3 stands set aside. However, if the petitioners/A1 and A4 continuously absent before the trial Court or play tactics to delay or protract the proceedings, it is for the learned Magistrate to pass appropriate orders considering the facts and circumstances of the case. Both the Criminal Petitions are allowed accordingly. ______________________ B. CHANDRA KUMAR, J. Date: 29.01.2010 Nsr