- 1 - NC: 2025:KHC:4940 CRL.P No. 1561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1561 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. SHANMUGA RAJ S/O D. SEKHAR AGED ABOUT 55 YEARS. 2. SMT. VAISHNAVI W/O SHANMUGA RAJ AGED ABOUT 35 YEARS BOTH ARE RESIDING AT NO.G-1 MADHU VASANTHA APARTMENT ARAVINDANAGARA, ANANTHAPURA, ANDHRA PRADESH-510 051 …PETITIONERS (BY SRI. D.P MAHESH, ADVOCATE) AND: THE STATE BY C.C.B. BANGALORE CITY POLICE REP. BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4940 CRL.P No. 1561 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE C.C.B. BANGALORE CITY / RESPONDENT POLICE TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CR.NO.30/2024, FOR THE OFFENCE P/U/S 34, 406, 420, 465, 468 AND 471 OF IPC, PENDING ON THE FILE OF LEARNED 1ST ADDL. CMM, BANGALORE BY GRANTING AN ORDER OF ANTICIPATORY BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are arraigned as accused as Nos.1 and 2 in FIR No. 30/2024 registered by CCB Bengaluru City Police Station, Bengaluru City, for offences punishable under Section 406, 420, 465, 468, 471 read with Section 34 of IPC. 2. The learned Sessions Judge vide order dated 21.10.2024, in Crl.Misc.No.9274/2024 was pleased to enlarge the petitioners on anticipatory bail imposing conditions. Vide condition No.1, petitioners were directed - 3 - NC: 2025:KHC:4940 CRL.P No. 1561 of 2025 to appear before the Investigating Officer within 15 days from the date of the order. Since, the petitioners did not appear within the stipulated time, they filed an application under Section 439(1)(b) of Cr.P.C., to relax condition No.1. The learned Sessions Judge has rejected the said application vide order dated 22.01.2025. 3. In view of the rejection of the application seeking relaxation of condition No.1, petitioners are apprehending arrest in the above case registered against them. 4. Learned counsel for petitioners has submitted that petitioners are husband and wife. Petitioner No.2 was advised rest by the doctor, as she had undergone umbilical hernia surgery. He has produced certain medical documents pertaining to petitioner No.2 at Annexure-F. 5. The learned Sessions Judge while rejecting the prayer seeking modification of condition No.1, has observed that almost 3 months 18 days are lapsed and - 4 - NC: 2025:KHC:4940 CRL.P No. 1561 of 2025 petitioners have not appeared before the Investigating Officer to comply the condition. 6. Considering the reasons stated by the petitioners and also considering that petitioners were granted anticipatory bail by the learned Sessions Judge, an opportunity may be given to the petitioners to appear before the Investigating Officer by granting some more time. Hence, the following:- ORDER i) Petition is allowed. ii) Condition No.1 imposed in Crl.Misc.No.9274/2024 dated 21.10.2024 passed by the Court of the LIX Additional City Civil and Sessions Judge, Bengaluru City, is hereby modified as under: a) Petitioners / Accused No.1 and 2 shall appear before the Investigating Officer within 10 days from today and they shall make themselves available for investigation - 5 - NC: 2025:KHC:4940 CRL.P No. 1561 of 2025 as and when called by the Investigating Officer and co-operate with the investigation of the case. b) All other conditions shall be intact and they shall be strictly complied by the petitioners. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 4 CT:SNN