Crl. Misc. No.2981/2024 KABC010084512024 IN THE COURT OF THE LXI ADDL. CITY CIVIL, SESSIONS JUDGE: BENGALURU CITY Dated this the 03 rd day of April, 2024 -: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B., III ACC & SJ, Bengaluru C/C LXI ACC & SJ Bangalore, (CCH-62) CRL. MISC. No.2981/2024 Petitioner/s : 1. Zameer Ahamad Aged about 30 years R/a.10th Main Road 17th Cross Gooripalya Bengaluru. (Accused No.3 in JC) (By Sri.K.N.Gowda, Adv.) V/s. Respondent : The State by Kengeri Police Station Bengaluru. (Rep. by Public Prosecutor, Bengaluru.) Crl. Misc. No.2981/2024 ORDER ON BAIL APPLICATION ONE FILED BY THE PETITIONER UNDER SECTION 439(1) (b) OF Cr.P.C. This criminal Mis. Petition is filed by the petitioner under Section 439(1) (b) of Cr.P.C., seeking to modify the bail order condition of furnishing surety of like sum by cash Surety in Crl. Misc. No.1853/2024 dt.13.03.2024 passed by this court.

2. The petitioner contents that earlier he was granted

bail by this Court in Crl. Misc. No.1853/2024 on 13.03.2024 on certain terms and conditions and as petitioner is not in a position to comply the said condition No.1 approached this Court for relaxation of the conditions of 'furnishing solvent surety' and thus he seeks for modification of bail order of furnishing surety of like sum by cash surety.

3. On the other hand the learned Public Prosecutor has

filed his objections & opposed the above application that the grounds urged seeking for modification of bail order of furnishing surety of like sum by cash surety is not satisfactory & accordingly prayed for rejection of the bail petition. Crl. Misc. No.2981/2024

4. In view of the above said facts and circumstances, the

points that arise for my consideration are as follows; 1) Whether the petition filed by the petitioner under Section 439 (1)(b) of Cr.P.C., deserves to be allowed? 2) To what Order?

5. I have carefully perused the entire materials available

on record and heard the arguments of learned counsel for the petitioner and the learned Public Prosecutor for the respondent.

6. Now, my findings on the above points are as follows:-

Point No.1 – In affirmative Point No.2 – As per final Order, for the following; R E A S O N S

7. Point No.1:- The above application is filed by the

petitioner under Section 439(1)(b) of Cr.P.C., seeking modification of bail order of furnishing surety of like sum by cash surety in Crl. Misc. No.1853/2024 dated 13.03.2024 on the grounds that he is not in a position to comply the condition No.1 as since from the date of his arrest he is in judicial custody and he is unable to arrange surety for the Crl. Misc. No.2981/2024 like sum amount.

8. On the other hand though the prosecution has

opposed the above application, the same do not hold any water as the cause title of the petition and so also the copy of the Aadhar card of the petitioner one produced by him clearly shows that he is resident of Bengaluru.

9. I am aware that this Court cannot and is not

supposed to sift the evidence made available by the prosecution at the time of deciding the bail petition. However, only for the purpose of deciding that whether the petitioner is entitled for bail or not, I discuss the facts alleged by the prosecution and whatever I say, while disposing of this bail petition, cannot be construed as an expression of opinion on the merits of the of the main case.

10. And more over since this Court has admittedly

granted bail to the above petitioner in Crl. Misc. No.1853/2024 on 13.03.2024 on the grounds that the alleged offence is not at all punishable with death or life imprisonment and since Section 439(1)(b) of Cr.P.C., empowers this Court to modify any conditions imposed while granting bail and since the grounds urged by the petitioner appears to be a cogent one then I have answered the above Crl. Misc. No.2981/2024 point in the affirmative.

11. Point No.2 :- In view of the discussion made on

point No.1 and further holding it in the affirmative, I proceed to pass the following:- O R D E R The petition one filed by the petitioner u/s 439 (1)(b) of Cr.P.C., is hereby allowed & the petitioner is hereby directed to furnish cash surety of Rs.5,000/- instead of offering one solvent surety in Crl. Misc. No.1853/2024 dt.13.03.2024 passed by this court. (Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced by me in the open Court on this the 03rd day of April, 2024). (NISHARANI A.C) C/C LXI ACC & SJ, B’luru