Case Note & Summary
The petitioners, Rajshekhar and Manjunath, filed a criminal petition under Section 439(1)(b) of the Code of Criminal Procedure, 1973, seeking to set aside condition No.2 imposed by the V Additional District and Sessions Judge, Dharwad, sitting at Hubballi, in Criminal Miscellaneous No.16 of 2018, dated 27.01.2018. The petitioners had been enlarged on bail in Crime No.174 of 2017 of APMC Navanagar Police Station, Hubballi, registered for offences punishable under Sections 506, 420 read with Section 34 of the Indian Penal Code, 1860. The condition required them to deposit their passports before the trial court. The petitioners argued that this condition was unreasonable and unnecessary. The High Court, after hearing both sides, held that the condition to deposit passports was not necessary to secure the presence of the accused and set aside condition No.2, while keeping the other conditions intact. The petition was allowed.
Headnote
A) Criminal Procedure Code - Bail - Modification of Bail Conditions - Section 439(1)(b) CrPC - Condition to deposit passport set aside as unreasonable - Petitioners were enlarged on bail for offences under Sections 506, 420 read with 34 IPC - The Sessions Judge imposed condition to deposit passports - Held that the condition is not necessary to secure the presence of the accused and is set aside (Paras 1-4).
Issue of Consideration
Whether condition No.2 imposed by the Sessions Judge while granting bail, requiring the petitioners to deposit their passports, is reasonable and should be sustained.
Final Decision
The petition is allowed. Condition No.2 imposed in the order dated 27.01.2018 passed by the V Additional District and Sessions Judge, Dharwad, sitting at Hubballi, in Criminal Miscellaneous No.16 of 2018, is set aside. The other conditions imposed by the Sessions Judge shall remain in force.
Law Points
- Bail conditions must be reasonable and not excessive
- Section 439(1)(b) CrPC empowers court to modify bail conditions
- Condition to deposit passport can be set aside if not necessary for securing presence of accused
Case Details
2018 LawText (KAR) (12) 20
Criminal Petition No.100489 of 2018
Santosh B. Mane (for petitioners), Raja Raghavendra Naik (HCGP for respondent)
Rajshekhar S/o. Sangappa Noolvi and Manjunath S/o. Sangappa Noolvi
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Nature of Litigation
Criminal petition under Section 439(1)(b) CrPC seeking modification of bail conditions.
Remedy Sought
Petitioners sought setting aside of condition No.2 imposed by the Sessions Judge requiring them to deposit their passports.
Filing Reason
Petitioners were enlarged on bail with a condition to deposit passports, which they considered unreasonable.
Previous Decisions
The V Additional District and Sessions Judge, Dharwad, passed an order dated 27.01.2018 in Criminal Miscellaneous No.16 of 2018 granting bail with condition No.2 to deposit passports.
Issues
Whether condition No.2 requiring deposit of passport is reasonable and necessary to secure the presence of the accused.
Submissions/Arguments
Petitioners' counsel submitted that the condition to deposit passports is unreasonable and not necessary to secure the presence of the accused.
State's counsel opposed the petition.
Ratio Decidendi
A bail condition requiring deposit of passport is not necessary to secure the presence of the accused and can be set aside under Section 439(1)(b) CrPC if it is unreasonable.
Judgment Excerpts
This petition is filed by the petitioners praying to set aside the condition No.2 imposed in the order dated 27.01.2018 passed by the V Additional District and Sessions Judge, Dharwad sitting at Hubballi, in Criminal Miscellaneous No.16 of 2018, while the petitioners were enlarged on bail in Crime No.174 of 2017 of APMC Navanagar Police Station, Hubballi registered for the offences punishable under Sections 506, 420 read with Section 34 of IPC.
The learned counsel appearing for the petitioners submits that the learned Sessions Judge while releasing the petitioners on bail has imposed a condition to deposit the passports of the petitioners before the trial Court, which is not necessary to secure the presence of the accused.
In the facts and circumstances of the case, I am of the view that the condition imposed to deposit the passports is not necessary to secure the presence of the accused. Hence, condition No.2 is liable to be set aside.
Procedural History
The petitioners were arrested in Crime No.174 of 2017 for offences under Sections 506, 420 read with 34 IPC. They filed Criminal Miscellaneous No.16 of 2018 before the V Additional District and Sessions Judge, Dharwad, who granted bail on 27.01.2018 with condition No.2 to deposit passports. Aggrieved by this condition, the petitioners filed the present criminal petition under Section 439(1)(b) CrPC before the High Court of Karnataka, Dharwad Bench, which was allowed on 21.12.2018.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 439(1)(b)
- Indian Penal Code, 1860 (IPC): 34, 420, 506
