Bibin Babu vs The State Of Karnataka on 6 April, 2016

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Karnataka High Court

Bibin Babu vs The State Of Karnataka on 6 April, 2016

Bench: A.V. Chandrashekara

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 IN THE HIGH COURT OF KARNATAKA, BENGALURU

      DATED THIS THE 6TH DAY OF APRIL, 2016

                           BEFORE

THE HON'BLE MR.JUSTICE A.V. CHANDRASHEKARA

        CRIMINAL PETITION NO. 1844 OF 2016

BETWEEN

BIBIN BABU
SON OF BABU E G
R/A ELEVINAL HOUSE
KODAMAN
PATHANAMATHITTA DISTRICT
KERALA-691 555.
                                           ... PETITIONER
(BY SRI. SIJI MALAYIL, ADV., )

AND

THE STATE OF KARNATAKA
BY MANGALORE SOUTH POLICE STATION
REP. BY THE GOVERNMENT PLEADER
HIGH COURT BUILDING
BANGALORE-01.
                                         ... RESPONDENT
(BY SRI. B.J.ESHWARAPPA, HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
(1) (B) OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL BY ACCEPTING CASH SURETY IN LIEU OF SOLVENT
SURETY IN C.C.NO.4074/2014 PENDING BEFORE THE JMFC-II,
MANGALORE.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                              2


                         ORDER

Heard the learned counsel for the accused/petitioner and the learned Government Pleader for the Respondent/State.

2. The present petition is filed under Section 439[1][b] Criminal Procedure Code requesting the Court to modify the condition imposed on the petitioner while granting regular bail on 22.02.2016 by the III Additional Sessions Judge, D.K., Mangalore. The following is the operative portion of the order passed in Crl. Misc. No.136/2016.

" The application filed by the petitioner/accused No.1 under Section 439 of Cr. P.C., is hereby allowed.

The accused No.1 is granted bail on executing personal bond for a sum of Rs.1,00,000/- with two solvent sureties each, out of which, one shall be local surety, for the likesum and the sureties shall produce the Solvency Certificates at the time of executing 3 bond before the Trial Court, subject to following conditions:-

1. He shall appear before the Trial Court on all the dates of future hearing dates regularly in order to dispose off the matter as expeditiously as possible.

2. If he remained absent for more than three times without any genuine reasons, the prosecution is at liberty to seek for cancellation of bail granted to the accused."

3. It is submitted that the petitioner is a resident of village in Kerala and is unable to furnish local sureties and also to furnish solvency certificates of those sureties.

It is submitted that the father of the petitioner himself would stand as a surety and that necessary documents will be furnished in respect of his identification of the surely like ration card etc. Hence, his submission is 4 accepted and following order is passed by modifying the condition relating to furnishing surety.

ORDER The petition is disposed of.

(i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only] with a surety to the satisfaction of the concerned Court;

(ii) If the petitioner furnishes his father as surety, the same may be accepted subject to production of certain documents relating to the identity of surety.

Condition stands modified accordingly.

Sd/-

JUDGE AN/-

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