Mohammad Nawaz, J
1. 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 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 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 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.