Case Note & Summary
The petitioner, Nagesh Kumar, accused No.8 in Crime No.247/2017 registered by Thalaghattapura Police Station for offences under Sections 143, 144, 147, 148, 120B, 307, 302 read with 149 IPC and Sections 25 and 27 of the Arms Act, was initially granted bail on 28.5.2018 with conditions. He failed to appear regularly during trial, leading to issuance of a non-bailable warrant and his arrest on 9.10.2019. He then filed Crl. Mis. No.589/2020 for bail, which was granted by the IX Additional District and Sessions Judge, Bengaluru Rural District on 12.6.2020, subject to conditions including execution of a personal bond for Rs.2,00,000 with two sureties, remittance of 25% of the earlier self bond amount, and payment of a fine of Rs.50,000. The petitioner sought modification of the condition requiring payment of Rs.50,000, arguing that he was a poor person and unable to pay. The High Court, after hearing both sides, observed that imposing a fine as a condition for bail is not permissible under Section 439 Cr.P.C., as fine is a punishment that can only be imposed after conviction. However, since the petitioner had already paid Rs.10,000, the court modified the condition to the extent that the petitioner need not pay the remaining Rs.40,000, and the condition was deemed satisfied. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Bail Conditions - Section 439(1)(b) read with Section 482 Cr.P.C. - Imposition of Fine as Condition - The Sessions Court while granting bail imposed a condition that the petitioner pay a fine of Rs.50,000. The High Court held that imposing a fine as a condition for bail is not permissible under Section 439 Cr.P.C. as fine is a punishment that can only be imposed after conviction. The condition was modified to reduce the amount to Rs.10,000, which the petitioner had already paid, and the balance was waived. (Paras 2-5) B) Criminal Procedure - Modification of Bail Conditions - Section 482 Cr.P.C. - The High Court has inherent power under Section 482 Cr.P.C. to modify conditions of bail to secure the ends of justice. The court modified the condition to the extent that the petitioner need not pay the remaining Rs.40,000. (Para 5)
Issue of Consideration
Whether the condition imposed by the Sessions Court directing the petitioner to pay a fine of Rs.50,000 as a condition for grant of bail is valid and whether it should be modified.
Final Decision
The High Court modified the condition imposed by the Sessions Court to the extent that the petitioner need not pay the remaining Rs.40,000, as he had already paid Rs.10,000. The condition was deemed satisfied. The petition was disposed of.
Law Points
- Bail conditions under Section 439 Cr.P.C. cannot include fine
- fine is a punishment after conviction
- condition must be reasonable and not excessive
- court can modify conditions under Section 482 Cr.P.C.
