Sri. Mohammad Rehan Vs State by Sheshadripuram Police Station

SRI. MOHAMMAD REHAN, S/O MOHAMMAD IRFAN, AGED ABOUT 20 YEARS, RESIDING AT AZAD NAGARA, 3RD CROSS, ACHARYA COLLEGE, GOWRIBIDANUR TOWN, CHIKKABALLAPURA - 561 208.

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&PETITIONER

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(BY SRI. RAJESH.A., ADVOCATE)

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AND:

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STATE BY SHESHADRIPURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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Digitally signed by KAVYA R Location: High court of Karnataka

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&RESPONDENT

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(BY SMT.WAHEEDA.M.M., HCGP)

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THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) BNSS) PRAYING TO MODIFY THE CONDITION A) IN RESPECT OF THE TWO SURETIES LIKESUM, SATISFACTION OF THE JURISDICTIONAL COURT IN ORDER DATED 07/07/2025 PASSED IN CRI. PETITION NO.8500/2025 I.E. ANNEXURE - A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:48508 CRL.P No. 15738 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Heard the learned counsel for the petitioner and learned HCGP for respondent.

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This petition under Section 439(1)(b) of Cr.PC is

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filed with a prayer to relax/modify condition No.(a) imposed by this Court in Crl.P.No.8500/2025 which was allowed on 07.07.2025.

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Learned counsel for the petitioner submits that

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though this Court has granted regular bail to the petitioner in Crl.P.No.8500/2025, since the petitioner is not in a position to comply with the impugned condition, he is still in custody. He submits that petitioner is ready to execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum and additionally, he will also deposit a sum of Rs.25,000/- as cash security before the

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Trial Court. Accordingly, he prays to allow this petition.

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NC: 2025:KHC:48508 CRL.P No. 15738 of 2025

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HC-KAR

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Per contra, learned HCGP does not fairly oppose

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the prayer made in the petition.

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Perusal of the material on record would go to show that petitioner who is accused in Special Case No.853/2025 pending before the Court of IV Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.7/2025 registered by Seshadripuram Police Station for offences punishable under Sections 87, 64(2) of BNS, 2023 and Sections 5(L), 4(2) of the Protection of Children from Sexual Offences Act, 2012 had approached this Court in Crl.P.No.8500/2025 seeking regular bail. The said criminal petition was allowed by this Court on 07.07.2025 and the petitioner was granted regular bail subject to certain conditions. Condition No.(a) imposed by this Court reads as follows:

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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;

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NC: 2025:KHC:48508 CRL.P No. 15738 of 2025

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HC-KAR

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Learned counsel for the petitioner has submitted that petitioner aged about 20 years is in custody inspite of this Court granting regular bail to him in Crl.P.No.8500/2025 and he has remained in custody only for the reason that he is not in a position to comply the impugned condition imposed by this Court. Under the circumstances, I am of the opinion that if condition No.(a) is appropriately modified, the same would the secure ends of justice. accordingly the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) Condition (a) imposed by this Court in Crl.P.No.8500/2025 which was disposed of on 07.07.2025 is modified and the said condition shall read as follows:

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"a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the

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