IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5449 OF 2019 BETWEEN:
Mr. Devaraj, S/o. Late Sabanna, Aged about 39 years, R/at Metakal Palya Village, 5th Block, 6th Stage, Banashankari, Bengaluru-560012.
Permanent R/at Talaku Village, Yadgi Muddi Post, Sahapur Taluk, Yadagiri District-585223 (By Sri. Sirajuddin Ahmed, Advocate) AND:
State of Karnataka By Talagattapura Police Rep. by High Court Government Pleader, High Court Building, Bengaluru-560001.
(By Sri. Rohith B.J., HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 439(1)(b) Cr.P.C praying to set aside and relax the bail condition No.(ii) in Criminal Petition 2994/2017 dated 09.06.2017 against the petitioner in Cr.No.96/2015 of Thalghattapura Police Station and S.C.No.164/2015 for the offence punishable under Sections 302, 201, 120-B read with Section 34 of IPC pending before the file of the VII Additional District and Sessions Judge, Bengaluru Rural.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. This court had granted bail to the petitioner earlier in Crl. P. No. 2994/2017 on 9.6.2017 in connection with Crime No. 96/2015 and later registered as S.C.No.164/2015. This Court has imposed condition No.(ii) in the following manner which is sought to be relaxed.
“(ii) The sureties shall furnish their original title deeds pertaining to the property and shall disclose their identity for the perusal of the Court and they should not have previous history of offering surety in any other criminal case.”
3. Learned counsel for the petitioner submits that the said condition imposed by this court is causing lot of inconvenience to the sureties. They cannot furnish any other security except producing the title deeds, etc., In my opinion, the said condition requires to be modified. Therefore, the said condition is modified to the following effect : -
(ii) The sureties shall execute their personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the satisfaction of the trial court. The trial court is at liberty to examine the genuineness of the documents that may be produced by the sureties before accepting the said sureties.
Accordingly, the said condition is modified and the petition is partly allowed.
ckl Sd/- JUDGE