IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7522/2019 BETWEEN SRI. GOVINDARAJU K S/O KUPPASWAMY GOUNDER AGED ABOUT 43 YEARS R/O GEETHA ROAD EXTENSION VIVEKNAGAR, K.G.F. TALUK KOLAR DISTRICT – 563 122 ... PETITIONER (BY SRI. UDHAYA KUMAR. G, ADVOCATE) AND STATE OF KARNATAKA STATION HOUSE OFFICER REP. BY BESCOM POLICE KOLAR DISTRICT – 563 101 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1)(b) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.10.2019 VIDE ANNEXURE-B PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT KGR) IN CLR. MISC. NO.661/2019 AND TO MODIFY/RELAX PARA -3 OF BAIL CONDITION IN BAIL ORDER DATED 05.10.2019 PASSED IN CRL. MISC. 627/2019 BY THE SAID TRIAL COURT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned HCGP accepts notice for the respondent- State.
2. Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
3. This petition is filed for relaxation of Condition No.3 imposed by the III Addl. District and Sessions Judge, Kolar (Sitting at KGF) in Crl. Misc. No.627/2019 vide order dated 05.10.2019, which reads as under:
“The petitioner shall provisionally deposit 20% of the bill amount demanded by the Respondent with BESCOM (ie., 20% of Rs.3,92,960/-.”
4. The impugned order reveals that, the learned Sessions Judge, after granting bail has come to the conclusion that, there was allegation of theft of electricity to the tune of Rs.3,92,960/-. Therefore, the Sessions Judge, while granting bail to the petitioner, has imposed the said condition. The learned counsel has submitted before this court that, he is regular consumer of electricity and he is having electricity installation in his name and he has paid electricity charges also and he has also produced the relevant document to that effect.
5. In the above said circumstances, the aspect that, whether there was any theft of electricity or any amount is due to the BESCOM has to be thrashed-out in separate proceedings. In this particular case, the court has to see whether the offence of electricity theft has been committed or not. In the absence of such clarity, the court cannot impose such condition in directing the party to deposit the amount, as if it is a civil dispute between the parties. Further, added to that, the bail order should not be frustrated by imposing severe stringent condition, because, the party may not be in a position to enjoy the fruits of the order passed by the court. Therefore, in the above said circumstances, the petition deserves to be allowed.
6. Accordingly, the petition is allowed. The condition No.3 as noted above, imposed by the learned Sessions Judge in Crl. Misc. No.627/2019 vide order dated 05.10.2019, is hereby relaxed.
The petitioner is directed to comply with all other conditions imposed by the trial Court within 15 days from the date of receipt of a copy of this order.
KGR* Sd/-
JUDGE