IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 1655/2019 BETWEEN SRI. PRAVEEN KUMAR S/O SRI. PUSHPARAJ AGED ABOUT 19 YEARS RESIDING AT NO.33/7, 2ND CROSS BEHIND JUBILEE SCHOOL, R.R. LAYOUT VIJANAPURA PURA, RAMAMURTHYNAGAR BANGALORE – 560 016 ... PETITIONER (BY SRI. NAUSHAD PASHA., ADVOCATE) AND STATE OF KARNATAKA BY CENTRAL POLICE BANGALORE – 560 018 REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI. HONNAPPA., HCGP) … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1)(b) CR.P.C PRAYING TO MODIFY OR RELAX CONDITION NO.2, OF BAIL ORDER DATED 27.08.2018, IN S.C.NO.183/2017, PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, WITH THE CONDITION THAT THE PETITIONER SHALL DEPOSIT PENALTY AMOUNT OF Rs. 50,000/- (PREVIOUS BAIL BOND AMOUNT, WHICH HAS BEEN FORFEITED) CONDITION NO.2, FOR HIS RELEASE ON BAIL, AND IMPOSE NOMINAL PENALTY FINE AMOUNT, PENDING ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 60) AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A3) and the learned HCGP for the Respondent –State. Perused the records.
2. This petition is filed for relaxation of Condition No.2 imposed by the LIX Additional City Civil and Sessions Judge (CCH-60) in SC No.183/2017 vide order dated 27.08.2018 while granting bail to the petitioner (A3). The condition No.2 reads as follows:
“2. He shall deposit penalty amount of Rs.50,000/- (previous bail bond amount, which has been forfeited).”
3. The said condition is baseless, as there is no mention in the entire order whether the bond executed by the accused has been forfeited in accordance with law and penalty has already been imposed so as to direct the petitioner to deposit the said amount of Rs.50,000/- being the previous bail bond amount. Therefore, the said condition is not based on any reasons. Hence, the said condition is liable to be relaxed.
4. With the above observation, the petition is allowed. Condition No.2 imposed on the petitioner (A3) in SC No.183/2017 vide order dated 27.08.2018 is hereby relaxed. However, it is made clear that, if the said bond is executed by the petitioner (A3), an appropriate proceedings can be initiated for forfeiture of the said bond on recovering the amount.
KGR* Sd/-
JUDGE