Indian Kanoon - Search engine for Indian Law

Karnataka High Court

Sri Shekappa @ Chandrashekhar @ ... vs The State Of Karnataka on 7 March, 2022

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                          1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 7TH DAY OF MARCH, 2022

                       BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI

       CRIMINAL PETITION NO.200153 OF 2022

BETWEEN:

1.     SRI.SHEKAPPA @ CHANDRASHEKHAR
       @ SOMASHEKAR
       S/O.SHIVAPPA BANASI
       AGED ABOUT 30 YEARS
       OCC: AGRICULTURE.

2.     SRI.TIPPANNA
       S/O.SHEKAPPA BANASI
       AGED ABOUT 28 YEARS
       OCC: AGRICULTURE.

3.     SMT.NEELAMMA
       W/O.SHIVAPPA BANASI
       AGED ABOUT 28 YEARS
       OCC: AGRICULTURE.

ALL ARE R/O. AGASABAL VILLAGE
TQ: BASAVANA BAGEWADI
DIST: VIJAYPUR.                       ...PETITIONERS

(BY SRI.S.S.MAMADAPUR., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       THROUGH PSI, B.BAGEWADI P.S.
                              2




     REP. BY ITS STATE PUBLIC PROSECUTOR
     ADVOCATE GENERAL'S OFFICE
     HIGH COURT BUILDING
     KALABURAGI - 585103.            ...RESPONDENT

(BY SRI.GURURAJ V.HASILKAR., HCGP)

     THIS CRIMINAL PETITION IS      FILED UNDER
SECTION 439(1)(b) OF CR.P.C PRAYING TO RELAX
ORDER/ CONDITION IN CRL.MISC.NO.1635/2021 PASSED
BY THE II ADDL. SESSIONS JUDGE, VIJAYPUR VIDE
ORDER DATED:10.01.2022 ORDERING FURNISHING OF
TWO LOCAL SOLVENT SURETIES WITH SOLVENCY
CERTIFICATES ISSUED BY THE REVENUE AUTHORITY FOR
SUM OF RS.1.00 LAKH EACH AND FURTHER EXTEND THE
TIME RELATING TO COMPLIANCE OF CONDITION - 1 WITH
RESPECT TO THE PETITIONERS APPEARING BEFORE THE
JURISDICTIONAL POLICE AND TO MOVE FOR REGULAR
BAIL BEFORE THE HON'BLE COURT.

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

                           ORDER

Sri.S.S.Mamadapur., learned counsel for petitioners and Sri.Gururaj V.Hasilkar., learned HCGP., for respondent have appeared in person.

2. The present petition is filed seeking relaxation of bail condition that the petitioner to furnish solvency certificate issued by Revenue Authorities for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two local 3 solvent sureties with solvency certificate issued by Revenue Authorities for the likesum.

The II Addl. Sessions Judge, Vijayapura vide order dated:10.01.2022 has allowed Crl.Misc.No.1635/2021 filed by the petitioners under Section 438 of Cr.P.C., seeking for the grant of anticipatory bail in anticipation of their arrest by the Basavanabagewadi Police in its Cr.No.237/2021 registered for the alleged offences punishable under Sections 341, 323, 326, 504 and 506 read with Section 34 of IPC.

The accused/ petitioners have been granted anticipatory bail. The operative portion of the order reads as under:-

"ORDER The Crl.Misc Petition No.1635/2021 filed by the instant-pettioners/ accused No's.1 to 3, U/Sec.438 of Cr.P.C. seeking for the grant of anticipatory-bail in anticipation of their arrest by the B.Bagewadi P.S. Police in its 4 Cr.No.237/2021, registered for the alleged offences punishable U/Secs.341, 323, 326, 341, 504 & 506 R/w Sec.34 of IPC, is hereby allowed.

It is hereby further ordered that, the instant- petitioners/ accused No's.1 to 3 shall be enlarged on bail in the event of their arrest by the respondent-police, on executing the personal-bond for a sum of Rs.1,00,000/- each with two local solvent sureties with solvency certificates issued by revenue authorities for the like-sum, for the reasons stated herein before- supra at para No.23, to the satisfaction of the concerned police, subject to the following:

CONDITIONS

1. The instant-petitioners/ accused No's.1 to 3, shall appear before the concerned respondent-police within 30 days from the date of this order and thereafter shall move for the formal regular-bail with all the relevant & requisite documents before the concerned jurisdictional court within 45 days from the date of this order.

2. The instant-petitioners/ accused No's.1 to 3, shall make themselves available to the concerned respondent-police for further-

investigation as and when they are required and called-for.

3. The instant-petitioners/ accused No's.1 to 3, shall not tamper or lure or threaten the prosecution-witnesses in any manner.

4. The instant-petitioners/ accused No's.1 to 3, shall not hamper or flee-away from the trial of the case in any-way either directly or indirectly.

5. The instant-petitioners/ accused No's.1 to 3, shall neither involve themselves nor commit any similar offences.

6. The instant-petitioners/ accused No's.1 to 3, shall be regular before the trial-court on each and every date of hearing, without fail during the trial till the disposal of the case before it on merits.

7. The instant-petitioners/ accused No's.1 to 3, and their surety/s shall produce the authenticated-documents of their personal- identification with their recent-color- photographs and permanent-residence or place of abode, as proof of their residence, which shall form the part of the charge-sheet or case-file before the concerned court.

8. The instant-petitioners/ accused No's.1 to 3, shall mark their attendance once in 15 days on every alternative Sunday between 6.00 a.m. in the morning and 10.00 p.m. in the night in B.Bagewadi P.S., before the SHO, in respect of which the said SHO, shall maintain the muster-roll and keep-on informing the concerned court once in 3 months regularly, till the charge sheet is submitted by the I.O. before the trial court.

9. The instant-petitioners/ accused No's.1 to 3, shall not leave the jurisdiction of B.Bagewadi police station, without expressed permission of the trial court till the disposal of the case before it.

10.It is needless to explicit that, infringement of any of the afore-imposed conditions by the instant-petitioners/ accused No's.1 to 3, will deemingly bestow the liberty to the prosecution to move for the cancellation of the present-bail, without issuance of prior- notice."

3. The grievance of the petitioners is that the trial Court ordering furnishing of solvency certificate issued by the Revenue Authorities in a sum of Rs.1,00,000/- (Rupees One Lakh only) and the same would work out great 7 hardship and much delay would be caused to obtain solvency certificate from the revenue authorities.

4. Learned HCGP opposes the petition on the ground that it is discretionary order passed by the learned Sessions Judge and therefore petitioners have not made out grounds to allow the petition and needs to be rejected.

5. This Court consistently held that the Trial Court while granting the anticipatory bail need not insist for solvency certificate issued by the revenue authorities as the same is not only time consuming, but also involves lot of expenditure. Time and again it has been made clear that the Trial Court while granting the bail need not impose a condition which is incapable of easily full-filled. Imposing some conditions would result in granting the bail in one hand and taking away the benefit from the other hand.

Taking note of this aspect of the matter, this Court is of the considered opinion that the Trial Court order granting the bail to the petitioners by furnishing the solvency 8 certificate issued by revenue authorities needs to be set aside. Accordingly, this Court passes following:

ORDER Petition is allowed.

The order passed by the II Addl. Sessions Judge, VIjayapura in Crl.Misc.No.1635/2021 is hereby modified insofar as the petitioners requiring to furnish the solvency certificate issued by the revenue authorities to the tune of Rs.1,00,000/- (Rupees One Lakh only) each. However, the rest of the conditions stands unaltered.

In view of modification of the order, petitioners are directed to furnish surety to the tune of Rs.1,00,000/- (Rupees One Lakh only) each to the satisfaction of the trial Court.

In view of allowing of this petition, from today time is extended for another 30 days for complying the order of the trial Court.

Sd/-

JUDGE TKN