1.

The petitioner – accused No.15 is before this

Court in the subject petition under Section 439(1)(b) of

the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking

relaxation of bail condition, with particular reference to

condition No.(iii) to enter Dharwad District, his legislative

constituency of which he is the representative as on date.

2.

Heard

the

learned

counsel

Sri.C.H.Hanumantharaya appearing for the petitioner and

the learned Special Public Prosecutor Sri.Prasanna Kumar

P. representing CBI.

3.

Facts adumbrated are as follows:

A crime comes to be registered in Crime No.135/2016

against unknown persons in connection with the murder of

one Yogesh Goudar on 15.06.2016 at Dharwad. The crime

was for offences punishable under Sections 143, 147, 148,

120B, 302 and 201 read with Section 149 of the Indian

Penal Code, 1860 (IPC). The investigation is conducted on

the said crime, and the investigation leads to filing of the

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charge sheet against the accused. The petitioner at that

point in time was not arrayed as an accused. Since the

offence was the one punishable under Section 302 of the

IPC and the matter was solely triable by the Court of

Session, the matter was committed to the Sessions Court

by the learned Magistrate and it was then numbered as

S.C. No.50/2017.

4.

During the pendency of the trial before the

Court of Session, the Government of Karnataka takes a

decision to entrust the matter for further investigation to

the hands of the Central Bureau of Investigation (CBI).

The CBI then registers a separate FIR and conducts further

investigation and files three supplementary charge sheets

under

Section

173(8)

of

the

Cr.P.C.

The

second

supplementary charge sheet is where the petitioner comes

into the web of crime as accused No.15. It is then the

petitioner was taken into custody and bail petitions filed

before the concerned Court and the High Court, comes to

be rejected which drives the petitioner to the Apex Court.

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5.

The Hon’ble Apex Court directs the Trial Court

to grant bail on certain conditions. The conditions were

also enumerated by the Apex Court to be incorporated.

Based upon the said direction of the Apex Court, the

petitioner then knocks at the doors of the Sessions Court

seeking bail. The Sessions Court grants bail by imposing

conditions over and above the conditions that were

already imposed by the Apex Court.

6.

The

petitioner

then

files

a

Miscellaneous

Application before the Apex Court seeking relaxation of

bail conditions as was imposed by the Apex Court with

particular reference to condition Nos.(iii) and (iv). The

Apex Court relaxed condition No.(iv), but did not consider

condition No.(iii). The petitioner then at the time when he

was to contest for the ensuing Legislative Assembly

elections as a candidate for Dharwad District, knocks at

the doors of the Sessions Court seeking relaxation of

condition No.(iii) which comes to be turned down. The

turning down of the condition again leads the petitioner to

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this Court in a petition seeking relaxation of condition

under Section 439(1)(b) of the Cr.P.C. The Co-ordinate

Bench of the Court rejects the application seeking such

relaxation of condition. The petitioner after the judgment

rendered by the Co-ordinate Bench is elected as a Member

of the Legislative Assembly, from Dharwad District. He is

therefore moving the matter again for relaxation of

condition that was imposed as to condition No.(iii) that in

the light of him being an MLA today, of Dharwad

constituency, so that he could serve the people of his

constituency to the fullest.

7.

The learned counsel Sri.C.H.Hanumantharaya

appearing for the petitioner would seek to place reliance

upon several judgments of the Apex Court to buttress his

submission that successive bail petitions either for grant or

for relaxation of conditions is maintainable, on one score

that there should be changed circumstance. According to

the learned counsel, the score of changed circumstance is

his ele