NAGESH KUMAR Vs. STATE

JUDGEMENT

(1.) Heard the petitioner's counsel and Sri Renukaradhya, the High Court Government Pleader.

(2.) This is a petition filed under section 439(1)(b) read with section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) for modifying a condition imposed by the IX Additional District and Sessions Judge, Bengaluru Rural District in Crl. Mis.No. 589/2020 while granting bail to the petitioner.

(3.) Given a background that has led to preferring this petition, the petitioner who is accused No.8 in Crime No. 247/2017 registered by the respondent police for the offences under sections 143, 144, 147, 148, 120B, 307, 302 read with section 149 of IPC and sections 25 and 27 of the Arms Act, was admitted to bail on 28.5.2018 with certain conditions. He is now facing trial in S.C.124/2018. Since the petitioner failed to appear regularly before the court during trial, the trial court issued non-bailable warrant for securing his presence. He was arrested on 9.10.2019. Again he applied for bail by filing Crl. Mis. No. 589/2020 and the Sessions Court by order dated 12.6.2020 granted bail to him by imposing conditions that he should execute a personal bond for Rs.2,00,000/- and provide two sureties, that he shall remit 25% of the earlier self bond amount and pay fine of Rs.50,000/-. Seeking relaxation of the condition which directs him to pay fine of Rs.50,000/-, the petitioner has approached this court.