Smt. Sumitra W/O Anand Lamani vs The State Of Karnataka
2022 Latest Caselaw 10803 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

          DATED THIS THE 14TH DAY OF JULY 2022

                           BEFORE

           THE HON'BLE MR.JUSTICE K. NATARAJAN

             CRIMINAL APPEAL NO.100300/2022

BETWEEN

SMT. SUMITRA W/O ANAND LAMANI,
AGE.24 YEARS, OCC. HOUSEWIFE,
R/O OBALAPUR DLT VILLAGE,
TQ.RAMDURG, DIST.BELAGAVI-591123
                                                    .....APPELLANT
(BY SRI HANAMANT R LATUR, ADV.)

AND

THE STATE OF KARNATAKA
THROUGH THE POLICE SUB INSPECTOR,
KATAKOL POLICE STATION, KATKOL-591114,
TQ. RAMDURG, DIST. BELAGAVI
R/BY HCGP, HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
                                                  .....RESPONDENT
(BY SMT GIRIJA S. HIREMATH, HCGP)

     THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA)
ACT 1989, SEEKING TO QUASH THE ORDER PASSED BY III ADDITIONAL
DISTRICT AND SESSIONS JUDGE BELAGAVI, IN CRL.MISC.NO.266/2022
DATED 07.04.2022 FILED U/S 439(1)(b) OF CR.P.C. FOR OFFENCE
PUNISHABLE U/S 302, 120(B) OF IPC, R/W SECTION 3(2) (v) OF SC/ST
(POA) ACT 1989 AND TO EXEMPT THE APPELLANT FROM THE
PRODUCTION OF TWO SOLVENT SURETY.
                                    2




     THIS APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT
DELIVERED THE FOLLOWING:

                            JUDGMENT

This appeal is filed by accused No.2 under Section 14A(2) of

the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST (POA)

Act', for short) for relaxation of condition in respect of furnishing

two solvent sureties by producing solvency certificate imposed by

the learned III Addl. District and Sessions Judge, Belagavi while

granting bail to the appellant in Crl.Misc.No.49/2022, dated

07.02.2022.

2. Having heard the arguments of the learned counsel for

appellant and learned High Court Government Pleader for

respondent, perused the impugned order granting bail to the

appellant in Crl.Misc.No.49/2022 on 07.02.2022.

3. On perusal of the same, it reveals that the trial Court

granted bail to the appellant in Spl. Case No.164/2022 in respect of

Katkol PS Crime No.64/2021 for the offences punishable under

Sections 302, 120(B) read with Section 34 of Indian Penal Code,

1860 (hereinafter referred to as the 'IPC', for short) and under

Sections 3(2)(v) of the SC/ST (POA) Act. While granting bail, the

learned trial Judge imposed condition on the appellant/accused to

execute personal bond for a sum of Rs.1,00,000/- with two solvent

sureties by producing solvency certificate. The appellant filed an

application under Section 439(1)(b) of Code of Criminal Procedure,

1973 requesting to relax the said condition, which came to be

rejected. Hence, the appellant is before this Court.

4. Even though the trial Court granted bail to the appellant

for the serious offence punishable under Section 302 of IPC, the

appellant is unable to comply the condition imposed by the trial

Court.

5. It is submitted by the learned counsel for appellant that

accused No.1 has been granted bail by the Co-ordinate Bench of

this Court in Crl.A.No.100280/2021 on 06.12.2021 by imposing

condition on the accused No.1 to execute a personal bond for

Rs.1,00,000/- with one surety. Such being the case, the trial Court

directing the accused No.2 to furnish two solvent sureties by

producing solvency certificate is nothing but denial of bail.

Therefore, the same is required to be modified. Accordingly, I pass

the following order.

The appeal is allowed.

The condition imposed by III Addl. District and Sessions

Judge, Belagavi, in Crl.Misc.No.49/2022, dated 07.02.2022, in

respect of furnishing two solvent sureties by producing solvency

certificate is hereby modified and the appellant/accused shall

furnish two sureties for the likesum to the satisfaction of the trial

Court.

Sd/-

JUDGE

Naa