- 1 - NC: 2025:KHC-D:504 CRL.RP No. 100001 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL REVISION PETITION NO. 100001 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI. KRISHNA KUMAR S/O LATE P.V. RAGHAVENDRA RAO, AGE: 55 YEARS, OCC: PRESIDENT OF NISHKA, VIVIDHODESHA SOUHARDA CO-OPERATIVE LTD., (NOW IN JC), R/O: NO.1397, 2ND CROSS, KOTHWAL RAMAIAH STREET, DEVRAJ MOHALLA, MYSUR CITY, MYSUR DISTRICT-570 001. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (COWL BAZAAR POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 19.04.2024, IN SPL.C. NO.541/2023, BY PRL. DISTRICT AND SESSIONS AND SPL. JUDGE AT BALLARI AND MODIFY ORDER DATED: 06.02.2023 IN COWLBAZAR P.S. CRIME NO.14/2020, ON THE FILE OF THE PRL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, BALLARI, AND CONSEQUENTLY RELAX THE CONDITIONS NO.1 AND 2, BY ALLOWING THIS PETITION. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:28 +0530 - 2 - NC: 2025:KHC-D:504 CRL.RP No. 100001 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No. 2, who has been charge- sheeted for offences punishable under Sections 409 and 417 read with Section 34 of the Indian Penal Code, 1860 (IPC), and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, was granted bail by the trial court subject to certain terms and conditions. One of these conditions required the petitioner to furnish a cash surety of Rs. 1 lakh. 2. Aggrieved by this condition, the petitioner filed an application for its modification. However, the said application was dismissed, prompting the petitioner to approach this Court. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the respondent. 4. The learned HCGP argued that the trial court rightly imposed the condition requiring the petitioner to deposit a cash surety of Rs. 1 lakh, considering the gravity of the offence. The rejection of the application for modification by the trial court does not warrant interference by this Court. 5. The petitioner has been in judicial custody since 2022 and pleads his inability to pay the said amount, as he is the sole earning member of his family. Therefore, he seeks relaxation of - 3 - NC: 2025:KHC-D:504 CRL.RP No. 100001 of 2025 Condition No. 2 imposed while granting bail. In view of the facts and circumstances of the case, the petitioner has made out a prima facie case for granting relief in this petition. 6. Accordingly, the revision petition is allowed. The impugned order dated 19.04.2024 passed by the learned Principal District and Sessions Judge, Ballari, in Spl.C.No.541/2023 on the application filed by the accused is hereby set aside. The application is allowed, and the order dated 06.02.2023 passed by the trial court on the bail application, insofar as it pertains to Condition No. 2 requiring accused No. 3 to furnish a cash deposit of Rs. 1,00,000/-, is hereby relaxed. The other conditions imposed by the trial court remain unaltered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 2 Sl No.: 9