- 1 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9592 OF 2025 BETWEEN: SRI DEEPAK KUMAR N @ DILIPA @ DEEPU S/O LATE NAGARAJU AGED ABOUT 27 YEARS R/AT NO.87/1, 16TH CROSS NEAR SHIVA BAR RAGHAVENDRA COLONY, TIGALARAPALYA BENGALURU - 560 091. …PETITIONER (BY SRI RAMESHA H.N, ADV.,) AND: STATE OF KARNATAKA BYADARAHALLI P.S MAGADI SUB-DIVISION RAMANAGARA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO SET ASIDE ORDER DATED 05.05.2025 IN CRL.MISC.NO.771/2025 AND MODIFY CONDITION NO.5 IMPOSED IN CRL.MISC.NO.2335/2024 DATED 22.11.2025 PASSED BY PRL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL IN RELATION TO CASE IN CC.NO.12380/2023 ARISING OUT OF CR.NO.399/2017 OF THE RESPONDENT IN BYADARAHALLI P.S., REGISTERED AS AGAINST 8 ACCUSED PERSONS, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.1, FOR THE OFFENCES Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 P/U/S 399,402 OF IPC, PENDING ON THE FILE OF THE CJM, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition under Section 439(1)(b) of Cr.P.C, is filed by the petitioner with a prayer to relax / modify condition No.5 imposed by the Court of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.2335/2024 disposed of on 22.11.2024. 2. Learned counsel for the petitioner submits that because of the petitioner was ill-health he could not appear before the learned Magistrate and execute necessary bond as directed in Crl.Misc.No.2335/2024. If some breathing time is granted, the petitioner is ready and willing to comply with terms and conditions of the order in Crl.Misc.No.2335/2024 passed by the learned Sessions Judge. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 3. Per contra, learned HCGP has seriously opposed the prayer made in the petition. 4. The petitioner, who is arraigned as accused No.7 in C.C.No.12380/2023 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District arising out of Crime No.399/2017 registered by Byadarahally Police Station, Bengaluru Rural District for the offences punishable under Sections 399 & 402 of IPC had approached the jurisdictional Court in Crl.Misc.No.2335/2024 seeking anticipatory bail. The said petition was allowed on 22.11.2024 subject to certain conditions. 5. Condition Nos.1 and 5 imposed by the learned Sessions Court in Crl.Misc.No.2335/2024 reads as under: "1. The petitioner shall execute personal bond for a sum of Rs.50,000/- with a surety for like-sum to the satisfaction of concerned Magistrate Court / arresting authority. - 4 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 5. He is hereby directed to appear before the concerned Magistrate within the period of 30 days from the date of this order to execute the personal bond and surety bond and also appear before the Investigation Officer". 6. In terms of condition No.5, the petitioner was supposed to appear before the Court of the Magistrate within 30 days from the date of the order passed in Crl.Misc.No.2335/2024 and since he had not complied the said order, it appears that he had filed Crl.Misc.No.771/2025 under Section 439(1) of Cr.P.C, before the Court of Sessions Judge, which was dismissed on 05.05.2025. 7. Learned counsel for the petitioner submits that due to ill-health of the petitioner he could not comply the condition No.5 in Crl.Misc.No.2335/2024 and he has undertaken that if some breathing time is given, the petitioner will appear before the Magistrate and comply the conditions imposed in Crl.Misc.No.2335/2024. - 5 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 8. Having regard to the nature of allegations found against the petitioner in the charge sheet, which is filed against him in the present case, I am of the opinion that the prayer made by the petitioner in this petition needs to be granted. 9. Accordingly, the following :- ORDER a. Criminal petition is allowed. b. Condition No.5 imposed by the Court of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.2335/2024 disposed of on 22.11.2024 is modified and the petitioner is granted a further week's time from the date of receipt of certified copy of this order to appear before the Magistrate in terms of the order passed in Crl.Misc.No.2335/2024. - 6 - HC-KAR NC: 2025:KHC:27102 CRL.P No. 9592 of 2025 c. All other conditions imposed in Crl.Misc.No.2335/2024 stands unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS