Supriya D/O Shankar Nippani vs The State Of Karnataka And Anr
2021 Latest Caselaw 3424 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 28TH DAY OF SEPTEMBER, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


         CRIMINAL APPEAL NO.200189/2021


Between:

Supriya D/o Shankar Nippani,
Aged about 30 years, Occ : Techer,
R/o Mathapati Galli, Dist : vijayapur
                                             ... Appellant

(By Sri S.S.Mamadapur and
    Sri Vinay N.Kagwad, Advocates)

And:

1. The State of Karnataka
   Through Gandhi Chowk PS,
   Rep. by its State Public Prosecutor,
   Advocate Genral's Office,
   High Court of Building,
   Kalaburagi - 585 103.

2. Smt.Indubai W/o Mahadevappa,
   Aged about 58 years, Occ : Household,
   R/o Vidyanagar, Vijayapur - 586 101.
                                           ... Respondents

(By Sri Gururaj V.Hasikar, HCGP for R1;
Notice to R2 served)
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     This appeal is filed under Section 14A of SC/ST (POA)
Act R/w Section 439(b)(b) of Cr.P.C praying to
relax/modify the Condition No.1 directing the petitioner to
furnish two local solvent sureties with solvency certificate
issued by the Revenue Authority for `1.00 lakh each
imposed by the Hon'ble I Addl. Sessions Judge, Vijayapur
in Crl.Misc.No.889/2021 vide order dated 13.08.2021.

      This appeal coming on for Admission this day, the
Court has delivered the following:

                         JUDGMENT

Learned High Court Government Pleader takes notice

for respondent No.1/State. He submits that respondent

No.2/first informant has been served.

2. The accused/appellant was granted bail by the

Court of II Additional Sessions Judge, Vijayapur vide order

dated 13.08.2021 in Crl.Misc.No.889/2021, on certain

conditions.

3. This appeal is preferred praying to modify

Condition No.1, wherein the appellant has been directed to

execute a personal bond for a sum of `1.00 lakh with two

local solvent sureties, with solvency certificates issued by

the Revenue Authorities.

4. The appellant was arrested on 17.07.2021 in

connection with Crime No.41/2021 registered at Gandhi

Chowk Police Station, Vijayapur for offences punishable

under Sections 504, 448 and 323 of Indian Penal Code and

Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Amendment

Bill, 2015.

5. In view of Condition No.1 imposed by the

learned Sessions Judge, inspite of grant of bail, appellant

is in judicial custody as she is unable to furnish solvency

certificate issued by the Revenue Authorities.

6. In similar set of facts, this Court in Criminal

Appeal No.200093/2021 disposed of on 31.07.2021

relaxed and modified the condition, relying on a decision of

the Co-ordinate Bench of this Court in Criminal Petition

No.201250/2020 dated 18.12.2020, wherein it is observed

that, even if the condition to furnish solvency certificates

issued by the Revenue Authorities is relaxed, that will not

affect the prosecution in any manner, as even without

solvency certificates, the sureties can be compelled to

ensure the presence of the accused before the Court.

7. In the above facts and circumstances and to

meet the ends of justice, it is just and proper to

relax/modify Condition No.1. Hence, the following :

ORDER

Criminal Appeal is allowed.

Condition No.1 imposed in Crl.Misc.No.889/2021 by

the Court of II Addl. Sessions Judge, Vijayapura vide its

order dated 13.08.2021 is hereby modified as under :-

The accused/appellant shall execute a personal bond

for a sum of `1.00 lakh (Rupees for One Lakh only) with

two local solvent sureties, without insisting for solvency

certificates issued by the Revenue Authorities.

All other conditions imposed by the Court below shall

be complied.

Sd/-

JUDGE sn