- 1 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5880 OF 2025 BETWEEN: ALPESH PATEL @ SALVALIYA ALPESH S/O SURESH BHAI, AGED ABOUT 40 YEARS, R/AT NO.B-3, NANDANAVANA SOCIETY, THAKKARABAPANAGAR, AHMEDABAD, GUJARAT-392350. …PETITIONER (BY SRI. KIRAN KUMAR M.,ADVOCATE) AND: THE STATE OF KARNATAKA BY HALASURU GATE POLICE STATION, BENGALURU - 560 002. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO CONDITION IMPOSED IN THE LAST Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 PARA OF THE ORDER DATED 10.03.2025 PASSED IN CRL.MISC.NO.1467/2025 BY THE LEARNED LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO THE EXTENT THAT THE INVESTIGATING OFFICER SHALL NOT BE PERMTITED TO SEEK CUSTODIAL INTERROGATION OF THE PETITIONER WITHOUT EXPRESS PERMISSION OF THIS HONBLE COURT AND FURTHER MAY EXTEND THE TIME TO COMPLY THE ORDER AND PASS SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT DEEMS FITCOPY SERVED ON SPP.OFFICE OBJECTIONS1. PRAYER TO BE MADE SPECIFIC AND ALSO DETAILS CONDITION MENTIONED IN PRAYER IS NOT TALLYING WITH THE LAST PARA OF ORDER IN CRL.MISC.NO.1467/2025, TO BE CLARIFIED2. CERTIFIED COPY OF ORDER IN CRL.MISC.NO.1467/2025 TO BE PRODUCED.POST CRL.P BEFORE COURT FOR ORDERS ON OFFICE OBJECTIONSSKC210425SUBMITTEDVIDE COURT ORDER DATED 26.04.2025, OFFICE OBJECTIONS ARE NOT COMPLIED SO FAR WHICH READS AS BELOW1. PRAYER TO BE MADE SPECIFIC AND ALSO DETAILS CONDITION MENTIONED IN PRAYER IS NOT TALLYING WITH THE LAST PARA OF ORDER IN CRL.MISC.NO.1467/2025, TO BE CLARIFIED2. CERTIFIED COPY OF ORDER IN CRL.MISC.NO.1467/2025 TO BE PRODUCED.LEARNED HCGP FOR THE RESPONDENT AS DIRECTEDPOST CRL.P BEFORE COURT FOR ORDERS ON NON COMPLIANCE OF OFFICE OBJECTIONSPNK09.06.2025CRL.P FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELASE TO THE CONDITION IMPOSED IN THE LAST PARA OF THE ORDER DATED 10.03.2025 PASSED IN CRL.MISC.NO.1467/2025 BY THE LEARNED LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO THE EXTENT THAT NO THIS ORDER OF ANTICIPATORY BAIL THE I.O IS AT LIBERTY TO TAKE THE PETITIONER INTO THEIR CUSTODY WITH PRIOR PERMISSION OF THE LEARNED MAGISTRATE, IF THE PETITIONER IS ABSOLUTELY REQUIRED FOR CUSTODIAL INTERROGATION AND CONSEQUENTLY RECOVERY IF AS AND FURTHER MAY EXTEND THE TIME TO COMPLY THE ORDER AND PASS SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT DEEMS FIT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition is filed under Section 483(1)(b) BNSS, 2023 by accused No.9 in Crime No.308/2024 registered by Halasurgate Police Station, Bengaluru for offences punishable under Sections 316(2), 318(4), 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, seeking relaxation / modification of the condition imposed by the LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH- 69) while granting anticipatory bail to the petitioner in Crl.Misc.No.1467/2025 disposed of on 10.03.2025. 2. Heard the learned counsel for the parties. 3. The petitioner who is arrayed as accused No.9 in Crime No.308/2024 registered by Halasurgate Police Station, Bengaluru for the aforesaid offences had filed Crl.Misc.No.1467/2025 before the jurisdictional Sessions Court seeking anticipatory bail. The said bail petition was allowed on - 4 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 10.03.2025 subject to certain conditions. Condition No.2 imposed by the learned Sessions Judge while granting anticipatory bail to the petitioner reads as follows: “The petitioner shall appear before the concerned I.O. within 15 days from the date of this Order without fail." 4. In addition to the same, the learned Sessions Judge had also observed that notwithstanding the order of anticipatory bail, the Investigating Officer is at liberty to take the petitioner into their custody with prior permission of the concerned Magistrate, if the petitioner is absolutely required for custodial interrogation and consequential recovery, if any. Being aggrieved by the aforesaid conditions, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that because of the observations made by the learned Sessions Judge granting liberty to Investigating Officer to take petitioner into their custody with prior permission of the concerned Magistrate, the petitioner could not appear before the - 5 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 Investigating Officer within the time granted by the learned Sessions Judge. He submits that the liberty granted to the Investigating Officer virtually renders the bail ineffective. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP has opposed the petition. 7. The learned Sessions Judge has granted liberty to the Investigating Officer to take the petitioner into custody with prior permission of the concerned Magistrate, if the petitioner is absolutely required for custodial interrogation and consequential recovery, if any. I do not find any illegality or irregularity in such a condition / observation made by the learned Sessions Judge, while granting anticipatory bail to the petitioner in Crl.Misc.No.1467/2025. The learned Sessions Judge had made it clear that only with permission of the concerned Magistrate, the Investigating Officer can take the petitioner into custody and therefore, the apprehension expressed by the learned counsel for the petitioner that in the - 6 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 event he appears before the Investigating Officer he is likely to be taken into custody is unfounded. 8. The learned counsel for the petitioner submits that it is only for the aforesaid reason, he could not appear before the Investigating Officer within the period granted by the learned Sessions Judge. Therefore, I am of the opinion that the time granted to the petitioner to appear before the Investigating Officer is required to be extended for a further period of one week from the date of receipt of the certified copy of this order. Accordingly, I pass the following: ORDER (i) The criminal petition is partly allowed; (ii) The time granted to the petitioner vide condition No.2 in Crl.Misc.No.1467/2025 by the LXVIII Additional City Civil and Sessions Judge, Bangalore vide order dated 10.03.2025 is extended by further period of one week from the date of receipt of the certified copy of this Order; - 7 - HC-KAR NC: 2025:KHC:20242 CRL.P No. 5880 of 2025 (iii) All other conditions imposed by the LXVIII Additional City Civil and Sessions Judge, Bangalore in Crl.Misc.No.1467/2025 remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE KG List No.: 1 Sl No.: 14