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Judgment
This Criminal Petition under Section 483(1)(b) of Bharatiya Nagarik Suraksha Sanhitha, 2023 is filed with a prayer to relax condition Number (a) imposed by this Court in Criminal Petition No.14052/2024 disposed of on 06.03.2025, wherein the petitioner was granted regular bail in Special Case No.760/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru arising out of Crime No.24/2024 registered by Viveknagar Police Station, Bengaluru City or offences punishable under Sections 376, 109, 370 and 370(A) of Indian Penal Code and Sections 5(L), 6 and 17 of Protection of Children from Sexual Offences Act, 2012 and Sections 3, 4, 5, 7(1), 7(1)(A) of the Immoral Traffic Prevention Act, 1956.
Heard the learned counsel appearing for the petitioner and learned Additional Special Public Prosecutor appearing for the respondent - State.
The petitioner herein who is arrayed as accused No.2 in Special Case No.760/2024 Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru had approached this Court in Criminal Petition No.14052/2024 seeking regular bail. The said petition was allowed by this Court on 06.03.2025 subject to certain conditions. Condition No.(a) imposed by this Court is as follows:
"(a)The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court."
Seeking relaxation or modification of the said condition, petitioner is before this Court.
Learned counsel for the petitioner submits that though this Court had granted regular bail to the petitioner on 06.03.2025, till date he has not been released from jail since he is not in a position to comply condition No.(a). He submits that petitioner is not in a position to furnish two sureties for the sum of Rs.1,00,000/- and therefore condition No.(a) may be relaxed to that extent and petitioner may be directed to furnish cash surety.
Learned Additional Special Public Prosecutor does not seriously oppose the prayer made by the learned counsel for petitioner.
Considering the nature of allegations found against the petitioner in the present case and also the fact that though this Court has granted him bail vide order dated 06.03.2025, passed in Criminal Petition No.14052/2024, till date he has not been released from jail, his prayer needs to be considered. Accordingly, the following:
ORDER
The Criminal Petition is partly allowed.
The Condition No.(a) of the operative portion imposed in Criminal Petition No.14052/2024 is modified and the same shall read as follows:
(a)The petitioner shall execute personal bond for a sum of Rs.1,00,000/- and also furnish cash surety for a sum of Rs.15,000/- before the jurisdictional Session Court.