Learned High Court Government Pleader takes notice for

the respondent/State.

This appeal is filed by the appellants/accused Nos.2 and 3

under Section 16 of the Karnataka Protection of Interest of

Depositor in Financial Establishments Act,2004 (for short 'KPID

Act') for relaxation of condition in respect of bail granted by the

Trial Court in Crl.Misc.No.2548/2022 dated 19.12.2022.

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Heard Sri. Madhav Bhalaji Kashyap, learned counsel

for the appellants and Sri. S. Vishwa Murthy learned High Court

Government Pleader for the respondent.

3.

The case of the appellants is that the appellants are

accused Nos.2 and 3 in crime No.131/2022 registered by the

Nanjangud Town Police for the offences punishable under

Sections 114, 403, 406, 420 read with Section 9 of the KPID

Act. They have approached the Sessions Judge at Mysuru for

the grant of anticipatory bail, which was granted on 19.12.2022

in Crl.Misc.No.2548/2022 by granting 15 days to surrender

before the Investigating Officer, and subsequently, he has filed

one

more

application

for

relaxation

of

condition

in

Crl.Misc.No.35/2023 wherein the Trial Court granted another 15

days for surrender, but they were not ready to surrender.

Once again, they filed another application seeking an extension

of time in Crl.Misc.851/2023, which came to be rejected on

19.05.2023 . Hence, the appellants are before this Court.

4.

The learned counsel for the appellants submits that

though

they

have

granted

anticipatory

bail

in

Crime

No.131/2022, the Police have registered six more cases against

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these appellants, and until obtaining bail from the High Court,

they were unable to appear before the Police. Therefore, they

approached the Trial Court after obtaining interim anticipatory

bail in all six cases, but the Trial Court rejected the same,

which is not correct. Hence, prayed to allow the application.

5.

Per contra learned High Court Government Pleader

objects the application.

6.

Heard the arguments and perused the records.

7.

Being heard the arguments and perused the

records, which reveal that, of course, the Trial Court granted

anticipatory bail on 19.12.2022 in Crime No.131/2022.

Subsequently, once again, 15 days were extended by the Trial

Court on 22.02.2023 but the fact remains that there were other

six cases registered against these appellants, and the

appellants had serious apprehension that they would be

arrested for the subsequent FIRs if they were to appear before

the Police. Therefore, they obtained interim anticipatory bail

before the Hon'ble High Court in Crl.A.N0.753/2023 and other

cases at the end of April 2023, and subsequently, they filed

applications for relaxation of condition.

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8.

The

appellants

have

explained

the

delay

in

approaching the Court and they are seeking an extension of

time to surrender before the Investigating Officer. Therefore,

the Trial Court ought to have extended the time for the

appellants to surrender before the Investigating Officer by

extending the time. But the same is not correct. Accordingly, I

proceed to pass the following:

ORDER

1.

The appeal is allowed.

2.

The order of the Trial Court in Crl.Misc.2548/2022 is

set aside and 15 days' time is granted from the date

of receipt of a copy of this order for the appellants

to surrender before the Investigating Officer in

Crime No.131/2022.

3.

The remaining conditions are unaltered.

Sd/-

JUDGE

GJM

List No.: 1 Sl No.: 21

CT: BHK