IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRL. P. NO.8791/2017 BETWEEN 1. RAMALINGAM S S/O SUBRAMANIAM AGED ABOUT 49 YEARS, OCC: BUSINESS NO.63 PANNAKADU, TIRUCHENGODE, SURIYAMPALYAM NAMAKKAL, TAMILNADU-637209 2. GUNASHEKARAN S/O PAZHANIYAPPAN AGED ABOUT 40 YEARS, OCC: BUSINESS, PACHAGOUNDAN VALASU, SOLASIRAMANI POST, PARAMATHIVELUE TALUK NAMAKKAL, TAMILNADU-637210. ... PETITIONERS (By Sri. CHANDRASHEKAR, ADV.) AND THE STATE OF KARNATAKA BY THE POLICE OF HAROHALLI POLICE STATION, KANAKAPURA TALUK, RAMANAGARA DISTIRCT-562112, REPD. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRL.P IS FILED U/S.439 (1)(B) CR.P.C PRAYING TO MODIFY THE CONDITION NOS.2,3 AND 7 IMPOSED BY THE LEARNED SESSIONS JUDGE, RAMANAGARA SITTING AT KANAKAPURA IN CRL.MISC.NO.5129/2017 DATED 27.10.2017.
THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners-accused 4 and 5 and also the learned HCGP.
2. This is a petition filed under Section 439 (1)(b) of Cr.P.C. seeking modification/relaxation of conditions of bail order dated 27.10.2017 passed by the II Addl. District and Sessions Judge, Ramanagara sitting at Kanakapura.
3. Learned counsel for the petitioners would draw the attention of this Court to condition Nos.2, 3 and 7 of the bail order and he made the submission that these conditions are to be modified/relaxed.
4. I have perused the grounds urged in the petition so also the conditions urged by the learned counsel on both sides.
5. So far as Condition Nos.2 and 7 are concerned, I do not find any illegality in imposing such conditions. So far as Condition No.3 is concerned, when it is observed by the learned Sessions Judge directing the petitioners to file the application seeking regular bail before the concerned Magistrate Court, further it was not proper for the learned Sessions Judge again to make the observation that they shall deposit cash of Rs.20,000/- each as cash security. Therefore, to that extent, condition No.3 of the said bail order is modified. Regarding cash security of Rs.25,000/- is concerned, it is hereby relaxed/deleted. When they are making the application seeking regular bail before the Magistrate Court, ultimately it is for the said Magistrate Court to see what are the conditions to be imposed.
Hence, regarding the time for making such regular bail application before the Concerned Magistrate Court, it is extended by another 30 days from today.
With this modification only in respect of condition No.3, the petition is disposed of.
Sd/- JUDGE CT-HR rs