- 1 - HC-KAR CNR: KAHC010612752026 NC: 2026:KHC:51890 CRL.P No. 14047 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14047 OF 2026 BETWEEN: 1. SMT. PREMA W/O PRAKASH AGED ABOUT 53 YEARS RESIDING AT NO. 04 GANIGERAHALLI CHIKKABANAVARA BANGALORE - 560 090. 2. SMT. ANNAPOORNA J.P W/O DEVARAJ AGED ABOUT 33 YEARS RESIDING AT NO. 199 1ST CROSS, ACHARAYA COLLEGE ROAD, THAMMENAHALLI CHIKKABANAVARA BANGALORE - 560 090. …PETITIONERS (BY SRI NAGARAJA K.R, ADV.) AND: STATE BY KAMAKSHIPALAYA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPP, HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO MODIFY THE CONDITION NO.2 AND PERMIT TO FILE REGULAR BAIL U/S 437 OF CR.P.C, IN C.C.NO.23412/2022 (CRIME NO.349/2021) OF KAMAKSHIPALYA P.S. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612752026 NC: 2026:KHC:51890 CRL.P No. 14047 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this petition filed under Section 483(1)(b) of BNSS, 2023, seeking relaxation of condition no.2 imposed by the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru, in Crl. Misc. No.2206/2022 vide order dated 11.03.2022. 2. Heard the learned Counsel for the parties. 3. Petitioners were granted anticipatory bail in Crime No.349/2021 registered by Kamakshipalya Police Station, Bengaluru City, for the offence punishable under Sections 397 IPC by the jurisdictional Sessions Court vide order dated 11.03.2022 passed in Crl. Misc. No.2206/2022. While granting anticipatory bail to the petitioners in Crl. Misc. No.2206/2022, certain conditions were imposed by the learned Sessions Judge and the impugned condition no.2 reads as under: "2. The petitioners are directed to appear before the XXXIX Additional Chief Metropolitan Magistrate, - 3 - HC-KAR CNR: KAHC010612752026 NC: 2026:KHC:51890 CRL.P No. 14047 of 2026 Bengaluru City, to move regular bail application within 15 days from the date of this order." 4. Seeking relaxation of the aforesaid condition no.2, petitioners had filed Crl. Misc. No.11167/2025 before the Sessions Court, which was rejected on 31.01.2026. Therefore, they are before this Court. 5. The Hon'ble Supreme Court in the case of SUSHILA AGGARWAL VS STATE OF NCT DELHI - (2020)5 SCC 1, has observed that the court granting anticipatory bail should not impose condition directing the said accused to approach the jurisdictional court and file regular bail application. 6. In view of the law laid down by the Hon'ble Supreme Court in Sushila Aggarwal's case supra, the learned Sessions Judge was not justified in imposing the impugned condition. Therefore, I am of the opinion that the prayer made by the petitioners for relaxation of condition no.2 needs to be granted. Accordingly, the following order: 7. Petition is allowed. Condition no.2 imposed by the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru, in Crl. - 4 - HC-KAR CNR: KAHC010612752026 NC: 2026:KHC:51890 CRL.P No. 14047 of 2026 Misc. No.2206/2022 vide order dated 11.03.2022, is relaxed. All other conditions remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE KK