Kondamma @ Kondathalli v. The State of Karnataka
Case at a glance
- Bench
- VIII ADDITIONAL, DISTRICT, VIII ADDITIONAL DISTRICT
- Neutral citation
- 2024:KHC:27057
Outcome
Allowed
Petition is allowed in part
Provisions considered
- Code of Criminal Procedure, 1973 s. 439(1)(b)
- Narcotic Drugs and Psychotropic Substances Act, 1985 s. 20(b)
Key paragraphs
- Para 33. The trial court imposed similar conditions while granting bail to accused Nos.1 and 2. They sought relaxation of conditions by filing Criminal Petition - 3 - NC: 2024:KHC:27057 CRL.P No. 5063 of 2024 No.1641/2024. Taking circumstances, condition No.2 was relaxed permitting the sureties to…
Judgment
(By Sri. Nataraj D., Advocate) AND: The State of Karnataka Doddaballapura Rural Police Station Benglauru -561203 Represented by State Public Prosecutor Office aAt High Court of Karnataka Bengaluru 560 001 (By Smt. R.Sowmya, HCGP) Digitally signed by SRIDEVI S Location: HIGH COURT OF KARNATAKA …Petitioner …Respondent This Criminal Petition is filed under section 439(1)(b) of Cr.P.C. praying to relax the bail condition No.2 (the sureties shall produce their original title deeds in respect of their properties and the same will be kept in the case file till disposal of the same) and condition No.3 (the accused No.4 shall also - 2 - NC: 2024:KHC:27057 CRL.P No. 5063 of 2024 furnish cash security each of Rs.1,00,000/- as she has violated the earlier bail conditions) passed by the Honble VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crime in Spl.C.C.No.424/2023 No.193/2018 for the offence punishable under sections 20(b) of NDPS Act passed by the Hon’ble VIII Additional District and Sessions Judge, Bengaluru Rural District at Bengaluru.
23.04.2024 This Criminal Petition coming on for orders, this day, the Court made the following : ORDER Heard Sri Nataraj D, learned counsel for the petitioner and Smt. Sowmya, learned HCGP, for the respondent/State.
This is a petition filed under section 439 (1) (b) of Cr.P.C seeking relaxation of conditions No.2 and 3 imposed by the trial court while admitting the petitioner to bail. Condition No.2 is that the surety shall produce original title deeds of the properties and condition No.3 is that accused No.4 should furnish cash security of Rs. 1,00,000/-.
Operative part
The trial court imposed similar conditions while granting bail to accused Nos.1 and 2. They sought relaxation of conditions by filing Criminal Petition - 3 - NC: 2024:KHC:27057 CRL.P No. 5063 of 2024 No.1641/2024. Taking circumstances, condition No.2 was relaxed permitting the sureties to produce photo stat copies of the title deeds. However, the request for relaxation of condition No.3 with regard to cash security was rejected. In this case also, relaxation of condition No.2 can be made in the same manner. Therefore the following : ORDER Petition is allowed in part. Condition No.2 in the order passed by the IX Additional District and Sessions Judge C/c VIII Additional District and Sessions Judge, Bengaluru Rural District, in Spl. Case No.424/2023 Bengaluru, dated 23.04.2024 is relaxed and the trial court is directed to return the original title deeds to the surety by retaining xerox copies on comparing the same with the original title deeds. Petition in respect of relaxation of condition No.3 in the impugned order is dismissed. CKL/List No.: 1 Sl No.: 8 Sd/- JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition is allowed in part
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439(1)(b); Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b).