- 1 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION No. 2813 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. JABRAAN UMER SHAIKH, S/O MAHAMMAD UMER SHAIKH, AGED 34 YEARS, RA/T HOUSE No.1032/2, MUSK, 2ND CROSS, HAL 3RD STAGE, GEETANJALI LAYOUT, TIPPASANDRA, BENGALURU 560 075. CURRENTLY RESIDING AT VILLA 53, SAHEEL 3, ARABIAN RANCHES, DUBAI. …PETITIONER (BY SRI M.R. ANEEL, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY JEEVAN BHEEMANAGAR POLICE STATION, REPRSENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. 2. SAIMA, W/O JABRAAN UMER SHAIKH, AGED ABOUT 29 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 RA/T HOUSE No.1032/2, MUSK, 2ND CROSS, HAL 3RD STAGE, GEETANJALI LAYOUT, TIPPASANDRA, BENGALURU 560 075. …RESPONDENTS (BY SRI NAGESHWARAPPA K., HCGP for R.1) THIS CRL.P FILED U/S 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.01.2024 PASSED BY THE HON'BLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-46) IN CRL.MISC.No.10040/2023 AT ANNEXURE A. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by petitioner - accused No.1 in C.C.No.57626/2023 is directed against the impugned order dated 05.01.2024 passed by the XLV Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.10040/2023 filed by him seeking relaxation of Condition Nos.1, 2, 6, 7 and 8 imposed in Crl.Misc.No.8598/2023, dated 13.09.2023, while granting anticipatory bail in his favour. - 3 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record. 3. Perusal of the material on record would indicate that petitioner - accused No.1 approached the Sessions Court in Crl.Misc.No.8598/2023 seeking anticipatory bail, which was granted by imposing the following conditions; "The bail petition filed by the Petitioner U/s.438 of Cr.P.C. is hereby allowed. The Petitioner is ordered to be released on bail on his executing personal bond for Rs.1,00,000/- with one surety for like sum to the satisfaction of the concerned I.O.,/Magistrate in the event of his arrest in the case in Crime No.159/2023 of Jeevan Bheemanagar P. S., subject to following conditions: 1. The Petitioner shall make himself available for interrogation by the I.O. as and when required till the final report is filed. Further, he shall assist the I.O. in further investigation of the case. He shall mark his attendance once in a month i.e., first Sunday of every month in between 10.00 a.m. and 2.00 p.m. before the I.O., till filing of final report or further orders whichever is earlier. 2. The Petitioner shall surrender before the concerned Police within 30 days from the date of this order without fail. - 4 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 3. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the concerned I.O., 4. He shall not hamper further investigation of the case and tamper with prosecution witnesses in any manner and shall not intimidate the complainant. 5. He shall not commit similar offences or any offences in future, 6. He shall appear before the concerned Magistrate Court as and when directed, 7. He shall not leave the jurisdiction of the Bangalore City without prior permission of the concerned Court. 8. He shall not change his place of residence outside the jurisdiction of Bangalore City without prior intimation to the concerned court, and 9. He shall also furnish the notarized copy of his residential id address proof." 4. Subsequently, the petitioner filed Crl.Misc.No.10040/2023 seeking relaxation of Condition Nos.1, 2, 6, 7 and 8 on the ground that he is employed in Dubai and he is not in a position to comply with the said conditions as it was not possible for him to obtain leave from his employer. The said application having been opposed by the respondent-State, the Trial Court - 5 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 proceeded to pass the impugned order rejecting Crl.Misc.No.10040/2023 and as such, petitioner is before this Court by way of present petition. 5. Learned counsel for the petitioner submits that the respondent has filed the Charge sheet on 06.10.2023, which is presently pending in C.C.No.57626/2023. He submits that the petitioner undertakes to appear in the said case within a period of 30 days from today and in view of filing of the charge sheet, Condition Nos.1, 2, 7 and 8 may be relaxed. 6. Submission is placed on record. 7. In the facts and circumstances of the instant case and in view of pendency of C.C.No.57626/2023, in which the petitioner undertakes to appear within 30 days from today and seek regular bail, I deem it just and appropriate to set aside the impugned order and relax Condition Nos.1, 2, 7 and 8 imposed while granting anticipatory bail vide order dated 13.09.2023, subject to the condition that petitioner appears before the Trial Court within 30 days from today. - 6 - HC-KAR NC: 2025:KHC:22902 CRL.P No. 2813 of 2024 8. In the result, the following; Order (i) Criminal petition is allowed. (ii) The impugned order dated 05.01.2024 passed in Crl.Misc.No.10040/2023 by the XLV Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. (iii) Crl.Misc.10040/2023 filed by the petitioner stands allowed and Condition Nos.1, 2, 7 and 8 stand relaxed, subject to the condition that petitioner appears in C.C.No.57626/2023 pending before Additional Chief Metropolitan Magistrate Court, Bangalore, within a period of 30 days from today. Sd/- (S.R.KRISHNA KUMAR) JUDGE MV List No.: 1 Sl No.: 3