KABC010160632022
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 24TH DAY OF JUNE, 2022
PRESENT:
Sri. Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC. No.5983/2022
Petitioners
1.K Raghavendra Prasad
S/o Venkoba, A/a 38 Yrs.,
2.Venkoba
S/o Manmathappa,
A/a 71 Yrs.,
3.K. Pramila Devi
W/o Venkoba, A/a 66 Yrs.,
4.K. Rajendra Prasad
S/o Venkoba, A/a 35 Yrs.,
All are r/a No.755,
17th A Cross, 37th Main,
JP Nagar 6th Phase,
Bengaluru-560 078.
(By Sri/Smt: Nagendra
Dikshit.S, Advocate)
AND
Respondents
State by Puttenahalli P.S.,
Bangalore.
(By the learned Public
Prosecutor)
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Crl.Misc.No.5983/2022
ORDER ON BAIL PETITION FILED U/S.438(2) OF
Cr.P.C.,
The learned counsel for petitioners has filed petition
Sec.438(2) of Cr.P.C., for relaxation of the condition No.2 and
furnishing of of solvent surety along with solvency certificate of
the surety on the ground that :2.The petitioners have already granted anticipatory bail
by this Court in Crl., Misc., No.4190//2022 dated 12.05.2022.
It is submitted that they were about to comply the order passed
by this Court, but they failed to get the said solvent
surety/solvency certificate, and are not in a position to furnish
solvent surety and were unable to comply the order passed by
this Court. It is the case of the petitioners that in order to
comply the order of this Court, it is very much required that the
condition of furnishing solvent surety/sovency certificate
imposed be relaxed by directing the respondent police to
release them on bail otherwise they will be subjected to great
hardship and injury. Accordingly, prayed for relaxation of the
conditions and prays this Court to relax the condition imposed
by this Court while granting anticipatory bail in the interest of
justice.
3.The learned Public Prosecution has filed objection
contending that once bail is already granted, and there is no
requirement for any rectification in the absence of materials
produced by the petitioners. If this condition is relaxed there is
a chance of absconding of the petitioners and hampering trial
of the case. Accordingly, prayed for dismissal of the petition.

Crl.Misc.No.5983/2022
3
4.Heard arguments on both sides and perused the
materials on record.
5.The following points that arises for consideration of this
Court:
1.Whether the petitioners have made out sufficient
grounds for relaxation of condition of furnishing
solvent surety as imposed in Crl., Misc.,
No.4190/2022 dated 12.05.2022 at this stage
as sought for?
2.What order?
6. This court has answered on the above points are as
under:
Point No.1: In the Affirmative
Point No.2: As per final order
for the following:REASONS
7.Point No.1: It is an undisputed fact that this court has
granted anticipatory bail in favour of the petitioners in Crl.,
Misc., No.4190/2022 dated 12.05..2022 in crime No.151/2021
of Puttenahalli P.S., for the offence punishable U/s.498A, 420
and 506 r/w Sec.34 of IPC and Sec.3 and 4 of DP Act, after
considering the grounds shown by the petitioners in the petition.
While granting anticipatory bail this Court has imposed the
conditions that
The
solvent
Petitioners
surety
along
have
with
to
offer
solvency
certificate of the surety for their release
on bail apart from other conditions
Crl.Misc.No.5983/2022
4
including
30
days
time
for
their
appearance for compliance of the order.
8.The petitioners have filed this petition contending that
they has already granted anticipatory bail in Crl., Misc.,
No.4190/2022 dated 12.05.2022. It is submitted that they were
as about to comply the order passed by this Court, but they
were as unable to furnish solvent surety/solvency certificate and
to comply the order passed by this Court and in support of their
contentions the petitioners have produced the endorsement
issued by the Bank and the discharge summary of petitioner
No.2, who is a senior citizen. It is the case of the petitioners
that in order to comply the order of this Court, it is very much
required that the condition of furnishing solvent surety imposed
to be relaxed, or otherwise they will be subjected to great
hardship and injury.

In view of the same, it is found that the
petitioners have to furnish surety instead of solvent surety and
a fair chance to appear before the respondent police in
compliance of the order. Considering all these facts and
circumstances of the case, it is found that the petitioners, who
were already on anticipatory bail in Crl., Misc, No.4190/2022
dated 12.05.2022 in Crime No.151/2022 of Puttenahalli P.S., is
entitle for modification of the order, relaxing condition of
furnishing solvent surety along with solvency certificate as
prayed. Accordingly, this Court has come to the conclusion to
relax condition for furnishing solvent surety/solvency certificate
with some modification as prayed. Hence, I answer point No.1
in the Affirmative.

Crl.Misc.No.5983/2022
5
9. Point No.2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
The
petition
filed
by
the
petitioner
U/s.438(2) of Cr.P.C., is hereby allowed.
The condition of furnishing solvent surety
along with solvency certificate of the surety
imposed against the petitioners is relaxed
subject to furnishing of surety for the like sum
to
the
satisfaction
of
the
concerned
I.O.,/Magistrate in the event of their arrest in
the
case
in
Crime
No.151/2021(PCR
No.12234/2021)of Puttenahalli P.S., and the
petitioners
shall
surrender
before
the
concerned police/Magistrate within 30 days
from the date of this order without fail and the
remaining conditions already imposed in Crl.,
Misc.,
No.4190/2022
dated
12.05.2022
remains the same.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 24th day of June, 2022)
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.5983/2022
Order pronounced in the open court
vide its separate order
ORDER
The petition filed by the petitioner U/s.438(2)
of Cr.P.C. is hereby allowed.
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.