Karnataka High Court
Ms Soumya K vs State By South East Cen Crime ... on 17 February, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.1147/2022
BETWEEN
MS SOUMYA K
D/O KUMARASWAMY P
AGED ABOUT 33 YEARS,
NO 4232/1, AL-47/1/A1
5TH CROSS, GANDHINAGAR
MYSURU - 570 007 ...PETITIONER
(BY SRI. K A CHANDRASHEKARA , ADVOCATE)
AND
STATE BY SOUTH EAST
CEN CRIME POLICE STATION
(HSR) BENGALURU CITY - 560 102
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001 ...RESPONDENT
(BY SRI. B.J. ROHITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
QUASH/RELAX/MODIFY THE CONDITION THAT IS TO FURNISH
THE BANK GUARANTEE TO THE TUNE OF RS.16,00,312/-
PASSED/IMPOSED BY THE LEARNED LXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-64) AT BENGALURU IN
CRL.MISC.NO.835/2022 DATED 29.01.2022 FOR OFFENCES
PUNISHABLE UNDER SECTION 420 OF IPC AND SECTIONS
66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed by accused No.2 under Section
482 of Cr.P.C. for quashing condition No.3 in the order
passed on 29.01.2022 in Crl. Misc. No.835/2022 by LXIII
Additional City Civil and Sessions Judge (CCH 64),
Bengaluru, on the application filed under Section 438 of
Cr.P.C for granting anticipatory bail in crime No.16/2022
registered by South East CEN Crime Police Station,
Bengaluru, for the offences punishable under Sections
66(C), 66(D) of Information Technology Act, 2000 and
Section 420 of IPC.
2. Heard learned counsel for the petitioner and
Learned High Court Government Pleader for the
respondent State.
3. Having heard learned counsel for the parties and
on perusal of the record, of course, the trial Court while
granting bail to the petitioner-accused under Section 438
of Cr.P.C. has rightly allowed the petition and ordered to
release her on bail in the event of her arrest. However,
condition No.3 states that the petitioner shall furnish bank
guarantee of Rs.16,00,312/- till conclusion of trial of the
said case, which is challenged by the petitioner in this
petition.
4. Condition No.3 imposed by the trial Court is only
to ensure presence of the petitioner before the Court at
the time of trial. Learned counsel for the petitioner has
relied upon the judgment of the High Court of Chattisgarh
in case of Bhagwat Joshi @ Shankar Lal Joshi Vs. State of
Chhatisgarh in Crl. M.P. No.1395/2020 decided on
01.12.2020 wherein the High Court of Chattisgarh by
relying upon the various judgments of the Hon'ble
Supreme Court and by exercising power under Section 482
of Cr.P.C has set aside the order impugned therein and
modified conditions imposed by the trial Court. Therefore,
I am of the view that the order passed by the trial Court
imposing the petitioner the condition of furnishing bank
guarantee is required to be set aside.
5. Therefore, the criminal petition is allowed.
Condition No.3 imposed by the trial Court in Crl. Misc.
No.835/2022 dated 29.01.2022 is hereby quashed.
Sd/-
JUDGE
Cs
