The Court of the LXI Additional City Civil and Sessions Judge, Bengaluru City (CCH-62), presided over by Smt. Nisharani A.C., B.A., LL.B., delivered a judicial order on April 3, 2024, allowing a miscellaneous petition filed under Section 439(1)(b) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2981/2024 granted a modification of a bail condition previously imposed in Crl. Misc. No. 1853/2024 dated March 13, 2024, concerning the petitioner, Sri Zameer Ahamad (Accused No. 3 in judicial custody), in connection with ongoing criminal proceedings originating from the Kengeri Police Station, Bengaluru.
Factual Matrix and Background
The procedural history leading to the modification petition involved the following circumstances:
- Initial Bail Grant: The petitioner was earlier granted bail by the Sessions Court in Crl. Misc. No. 1853/2024 on March 13, 2024, subject to certain terms, including Condition No. 1 requiring him to furnish a solvent surety for the like sum.
- Grounds for Modification: The petitioner approached the court under Section 439(1)(b) Cr.P.C., seeking a relaxation and modification of the surety condition. He contended that having been in judicial custody continuously since his arrest, he was unable to arrange a solvent surety for the full amount.
- Prayer: He requested the court to modify the condition by permitting him to deposit a cash surety instead of providing a solvent surety.
Details of the Petitioner
- Name: Sri Zameer Ahamad (Petitioner / Accused No. 3)
- Age: About 30 years
- Residential Address: 10th Main Road, 17th Cross, Gooripalya, Bengaluru.
- Legal Representation: Sri K.N. Gowda, Advocate
- Prosecution Representation: Learned Public Prosecutor, State by Kengeri Police Station, Bengaluru
Submissions Advanced by the Parties
On Behalf of the Petitioner
- Inability to Arrange Surety: Counsel for the petitioner urged that due to prolonged incarceration and financial constraints, the petitioner could not secure a solvent surety as originally ordered.
- Resident Status: Emphasizing that the petitioner is a permanent resident of Bengaluru as verified by his Aadhaar records, counsel sought a pragmatic modification to a cash surety to enable his release from judicial custody.
On Behalf of the Respondent (State)
- Opposition to Modification: The learned Public Prosecutor filed formal objections opposing the modification petition, arguing that the grounds urged for replacing solvent surety with cash surety were insufficient.
Judicial Findings and Legal Reasoning
Upon evaluating the records and submissions, Smt. Nisharani A.C. recorded definitive findings on Point No. 1:
- Scope of Section 439(1)(b) Cr.P.C.: The court observed that Section 439(1)(b) of Cr.P.C. empowers the court to modify or relax any conditions imposed while granting bail when cogent and justifiable grounds are demonstrated.
- Balancing Personal Liberty: Noting that the petitioner had already been granted bail on the merits that the underlying offence was not punishable with death or life imprisonment, and recognizing that continued detention solely due to the inability to procure a solvent surety would defeat the purpose of the bail order, the court held that the request was reasonable.
Final Order and Modified Condition
Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 439(1)(b) Cr.P.C.
The court ordered as follows:
- Condition Modification: The petition filed under Section 439(1)(b) Cr.P.C. is allowed.
- Revised Surety Requirement: The petitioner is directed to furnish a cash surety of ₹5,000/- instead of offering one solvent surety as stipulated in the earlier order passed in Crl. Misc. No. 1853/2024 dated March 13, 2024.