RABBANI AND OTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Gokul Road Police have charge-sheeted the petitioners in Crime No.148/2017 of their police station for the offences punishable under Sections 323 and 307 read with Section 34 of the Indian Penal Code, 1860. They were arrested and remanded to judicial custody.

(2.) Petitioners applied for bail before the 5 t h Additional Sessions Court, Dharwad sitting at Hubballi in Criminal Misc. No.171/2018. The said Court vide order dated 23.04.2018 granted bail with certain conditions. By condition No.1, petitioner was required to furnish personal bond of Rs. 3,00,000/- and two solvent sureties in the like sum. B y condition No.2, they were required to furnish security of the property worth Rs. 3,00,000/- standing in their names, failing which they were required to furnish cash security of Rs. 50,000/-. By condition No.3, petitioners were required to submit the Encumbrance Certificate of the property which they furnish as security for their release.

(3.) Petitioners filed Criminal Misc. No.277/2018 before the 5th Additional Sessions Court seeking modification of condition Nos.1 to 3 of the bail order dated 23.04.2018. By the order dated 02.07.2018, 5th Additional Sessions Judge partly allowed Criminal Misc. No.277/2018, reduced the cash security from Rs. 50,000/- to Rs. 25,000/- and directed the petitioners to furnish the security of the property worth Rs. 3,00,000/- for their release, in the alternative to furnish cash security of Rs. 25,000/-. For furnishing Encumbrance Certificate of property, the Sessions Judge granted two months time. The petitioners seek modification of those conditions on the ground that they are untenable and act oppressively against them.