IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.NO.2693/2017 BETWEEN:
Kumaran @ Kumara, S/o Venkatesh, Aged about 23 years, C/o Pradeep House, Beside Cable Office, Anjaneya Swamy Road, A.K. Colony, Uttarahalli, Bengaluru – 560 029. ... Petitioner (By Sri. Mohan Kumara D., Advocate.) AND:
State of Karnataka By Subramanyapura Police, Represented by High Court Government Pleader Bangalore -560 009. ... Respondent (By Sri. S. Vishwamurthy, HCGP.) This Criminal Petition is filed under Section 439(1)(b) of Cr.P.C., praying to modify the condition No. (i) in Crl. P. No. 9618/2016 dated 10.01.2017 passed by this Hon’ble Court.
This criminal petition coming on for orders this day, the court made the following:
O R D E R The petitioner is challenging condition No.1 ordered by this Court in the petition filed by him under Section 438 of Cr.P.C. in Crl.P.No.9618/16 dated 10.1.2017. He is aggrieved by the following condition:
“The surety shall produce original title deeds pertaining to his immovable properties and also his original identity card/Adhaar Card for perusal of the court.”
2. Sri.Mohan Kumara.D., learned counsel appearing for the petitioner submits that the petitioner is unable to provide a surety who owns immovable property. Therefore he requests that the said condition may be relaxed by permitting him to produce surety of a Government Employee.
3. In view of the above circumstances, the petition is allowed. Condition No.1 is relaxed permitting the petitioner to produce surety of a Government Employee who shall produce his salary certificate.
Sd/- JUDGE RS/* CT - pgg