Karnataka High Court
Sanjay H vs State Of Karnataka By on 26 July, 2024
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Crl.P.No.6693/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.6693/2024
BETWEEN:
SANJAY H
S/O LATE HONNEGOWDA
AGED ABOUT 25 YEARS
R/AT NO.15, 4TH CROSS
BEHIND IIMB, RAGHAVENDRA COLONY
BILEKAHALLI, BENGALURU-560 076 ...PETITIONER
(BY SMT.SWATHI R.BHAT, ADVOCATE FOR
SMT.JAYANTHI R, ADVOCATE)
AND:
STATE OF KARNATAKA BY
BANNERGHATTA POLICE
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE- 560 001 ...RESPONDENT
Digitally signed (BY SRI RAJATH SUBRAMANYA, HCGP)
by PRABHU
KUMARA
NAIKA THIS CRIMINAL PETITION IS FILED UNDER SECTION
Location: High
Court of 439(1)(b) CR.PC PRAYING TO MODIFY CONDITION NO.1 IN THE
Karnataka ORDER DATED 27.06.2024 PASSED IN CRL.MISC.NO.5274/2024
BY THE HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, SITTING AT ANEKAL, PERTAINING
TO BANNERGHATTA POLICE, BY ALLOWING THIS PETITION AND
TO PERMIT THE PETITIONER TO FURNISH FRESH PERSONAL BOND
OF RS.50,000/- WITH ONE SURETY FOR THE LIKESUM AND
CANCEL THE ORDER OF DEPOSITING THE CASH SURETY OF
RS.15,000/- MENTIONED IN CONDITION NO.1.
THIS CRIMINAL PETITION, COMING ON FOR FINAL
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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Crl.P.No.6693/2024
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
ORAL ORDER
Under the above petition, the petitioner has sought
modification of condition No.1 of bail order dated 27.06.2024
passed by III Additional District & Sessions Judge, Bengaluru
Rural District, sitting at Anekal in Crl.Misc.No.5274/2024.
2. The petitioner is accused No.2 in
C.C.No.2876/2020 on the file of I Additional Civil Judge and
J.M.F.C., Anekal. Bannerghatta police registered Crime
No.1/2020 against the petitioner and three others for the
offences punishable under Sections 143, 147, 148, 307, 427
read with Section 34 of IPC alleging that on 01.01.2020 at
4.30 a.m. within the limits of Bannerghatta police station,
accused persons under intoxication had some altercation with
CW.1 and assaulted him with long on left hand and caused
grievous injuries.
3. On 19.03.2020 in Crl.Misc.No.5115/2020 learned
Sessions Judge had granted bail to the petitioner. Later
petitioner failed to appear before the Court. Non bailable
warrant issued against the petitioner was not executed for
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three years. After his arrest on 31.05.2024, he filed second
bail petition before the learned Sessions Judge.
4. Learned Sessions Judge, by the impugned order
though granted bail order, required the petitioner to furnish
cash surety of Rs.15,000/- in addition to the other conditions.
The petitioner is seeking modification of the said condition.
5. The Hon'ble Supreme Court in the judgment
Keshab Narayan Banerjee v. The State of Bihar1 has held
that while granting bail to accused, the Court should not
insist for cash surety. If the accused violates the bail
condition and fails to appear before the Court, the Court at
the most may forfeit the bond and can impose penalty. As
noted the petitioner's only solace is his mother and she
herself is in penury.
6. In the present case though the aforesaid
condition is not sustainable, having regard to the fact that the
petitioner evaded to appear before the Court successfully for
three years and abused the bail granted. Generally in such
cases, bail bond of the accused will be forfeited and penalty
will be imposed. Learned Counsel for the petitioner submits
AIR 1985 SC 1666
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that petitioner has no funds, his mother is working as
domestic help and she is not in a position to pay cash surety.
As per the records, the petitioner falling in the wrong
company consuming alcohol got entrapped into the criminal
case. His reformation helps his mother also. Under the
circumstances and considering the submissions of learned
Counsel for the petitioner, instead of imposing penalty, it is
fit case to impose condition of community service. Hence the
following:
ORDER
The petition is partly allowed. Condition No.1 in the
impugned order is modified as follows:
(i) Petitioner shall do community service by working
under Range Forest Officer, Anekal for protection
of the environment for one year or till the disposal
of the case by the trial Court whichever is earlier.
(ii) The petitioner shall appear before the Range
Forest Officer, Anekal on every Sunday at 10.00
a.m. and Range Forest Officer shall entrust him
some work like conservation of trees or any other
environment related work.
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(iii) Range Forest Officer, Anekal shall submit the
compliance report to the jurisdictional
Magistrate/Sessions Court. If the petitioner fails
to comply the said condition, the jurisdictional
Magistrate/Sessions Court shall proceed in
accordance with law.
Communicate copy of this order to the jurisdictional
Magistrate/Sessions Court, concerned prison and learned
HCGP. Learned HCGP shall coordinate with Range Forest
Officer, Anekal for needful.
Sd/-
(K.S.MUDAGAL)
JUDGE
KSR
