Faizal @ Faizal Pasha S/O Ameer Jan vs State Of Karnataka By on 6 October, 2010

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IN THE HIGH COURT OF' KARNATAKA AT BANGALORE
DATED THIS THE Sm DAY OF OCTOBER 2010
BEFORE
THE HONBLE MR. JUSTICE C.R.KUMARASWAMYf]a
CRIMINAL PETITION No.4776/2010  A   I

BETWEEN:

FAIZAL @ RAJZAL PASHA

S/O. AMEER JAN

AGED ABOUT 19 YEARS

NO.20, MATHIGERE STREET

RAHATHHALLI LAYOUT

A.C.POST  »  = -- -' 
BANGALORE M 560 045 _    ..."PE'_I'I'I'IONER

(BY SR1 CRABDUL RASHEEOAND  ADVOCATES}
AND -  .V

STATE OF"   - 
BY SI-IO OF HENNUB...POLICE STATION
BANGALORE.' _ ' "~   "  RESPONDENT
(BY SRI SATHISH R.G'IRJI;._HIC}PI COURT

GOVERNMENT PLEADER} '-

*=§<**

. THI,S'C£~3IMINAL PETITION IS FILED U/S 482 CR.P.C BY

TIgIEVADVOCATEEYL._ROR THE PETITIONER PRAYTNG THAT THIS

HOIYBLE CO'UR'P,MAY BE PLEASED TO SET ASIDE THE ORDER
DATED 17.08.2010 PASSED BY THE P.O., F"I'C--VIII, BANGALORE
CITY IN S...C.NO';850/I0 ONLY TO THE EXTENT OF' EXECUTING

 I TWO SOLVENT SURETIES AND DEPOSIT OF CASH OF

~ "~..R'Sn1O,000'/.-I AND PLEASED TO BE ORDER TO RELEASE THE

 ' .F'ETT]'Ti'QNER/ACCUSED No.2 EXECUTING ON A PERSONNEL
 BOND FOR THE AMOUNT DEEMS FIT.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

 TH1'S DAY, THE COURT MADE THE FOLLOWING:



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ORDER

This Criminal Petition is filed under Section 482 of

Code of Criminal Procedure praying to set aside the

dated 17.08.2010 passed by the Presiding Officer.3*’l?’astV’ *

Court VIII, Bangalore in S.C.No.850/__2.0l_O’ onlyllto CV’

of executin two solvent sureties :and;'”de’ ositinzf cash».

310.000/–.

2. I have heard learnied’ co’unselE petitioner and
learned High Court._Governm:ent respondent _

State.

3. only arises for my consideration is
that whether the ‘c.ond1tibo11._:itnposed by the trial Court i.e.,

ins1st1ng.VforC’f~w§> ‘solventhsureties and cash security of

–1fi.S ‘sjastainablev in law or not. My answer to the

‘abo’\”re_ questiorfis as under:

, C~=i~.,_ It is ‘contended by the learned Counsel for the petitioner

accused being a youth, if he is not released on bail, he

get mixed with the criminals and become more hardened

it D» ‘Ccriminal. {jg

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5. The learned High Court Government Pleader subrnits

that a suitable order may be passed.

6. Taking into Consideration that the petitioner is a young

boy, insisting cash security of 310.000/– and two solvent

sureties by the Trial Court is onerous. in my view,

condition to deposit cash of ?10,000/»~ is too l’1arsh; ‘

parents of the petitioner are alsov.:ver3z & isv.l_the7..

contention of the learned counsel forlltheiilgfietlitiorier that

accused have been released by taking one su_re’ty,Vl’t_herefore,

similar Concession may be given to. the p’etitionei’– alsof

7. In the l following:

is _ l

Thisg ‘Petition is ailowed conditionally. The

insisting leash surety of ?10,000/- While granting

offering two solvent sureties is modified as

(i)” The order relating to insisting of cash surety of
310,000/– is set aside.

(ii) The petitioner shall offer one surety instead of

two solvent sureties.

$7:/’

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(iii) Rest of the conditions imposed while granting
bail under Section of 439 of Code of Cn’m__inal

Procedure are left undisturbed.

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