- 1 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1426 OF 2025 BETWEEN: MR MOHAMMAD SHAZIL KHAN S/O MOHAMMAD ZAMEER AHMED, AGED 28 YEARS, R/AT NO. 07, 3RD FLOOR, 9TH CROSS, BHUBANESHWARI NAGAR, SULTANPALYA MAIN ROAD, R.T. NAGAR POST, BENGALURU - 560 032. …PETITIONER (BY SRI SHANKAR H.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HEBBAL POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, NORTH DIVISION, BENGALURU CITY - 560 022. …RESPONDENTS (BY Smt.ANITHA GIRISH N., HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 17.04.2025 PASSED IN CASE NO.CRM/MAG/09/2025/DCP(N)/BENGALURU CITY (ANNEXURE-A) BY THE SPL.EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, NORTH DIVISION, BENGALURU CITY BY ALLOWING THIS RP., AND ETC., THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 17.04.2025 passed by Special Executive Magistrate and Deputy Commissioner of Police, North Division, Bengaluru City, in Case no.CRM / MAG / 09 / 2025 / DCP(N) / Bengaluru City, this revision petition is filed. 2. Sri Shankar H.S., learned counsel for petitioner submitted that on 08.01.2025 petitioner had executed a personal bond for Rs.1,00,000/- for good behaviour before (respondent no.2) in Case no.CRM/MAG/09/2025/DCP(N)/ Bengaluru. Later on 19.03.2025, Crime no.49/2025 was registered by Hebbal Police Station under Section 309 (6) of Bharatiya Nyaya Sanhita, 2023 ('BNS', for short). Petitioner arrayed as an accused in same was arrested on 20.03.2025 and remanded to judicial custody. 3. Alleging violation of condition of bond by petitioner, Police Inspector, Hebbal Police Station filed application under Section 141 (1) (b) of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short). On 17.04.2025, respondent no.2 proceeded to pass impugned order for forfeiting bond amount - 3 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 and for detention of petitioner in judicial custody till 07.01.2026. Aggrieved thereby, present revision petition was filed. 4. It was submitted that impugned order was passed in violation of principles of natural justice as petitioner was not afforded adequate opportunity, especially so when petitioner was in judicial custody in relation to Crime no.49/2025. It was further submitted, no reasons were assigned for dispensing with procedure contemplated under Sections 134 and 136 of BNSS, calling for interference by this Court. 5. It was also submitted, order for detaining of petitioner for a period of nine months for default in payment of bond amount would be excessively harsh and appeared deviced to ensure petitioner remains in custody. On said grounds sought for allowing petition. 6. On other hand, Smt.Anitha Girish N., learned High Court Government Pleader for respondents - State opposed petition. Admittedly, petitioner had involved himself in criminal activities despite he giving bond for good conduct. There was no dispute about violation with bond condition. In view of - 4 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 above, passing of impugned order by respondent no.2 was in tune with provisions of Section 141 of BNSS and sought dismissal. 7. Heard learned counsel and perused impugned order. 8. This revision is against an order forfeiting bond amount on ground of violation with condition in bond. 9. There is no dispute that on 08.01.2025 petitioner had tendered bond for Rs.1,00,000/- before respondent no.2, for good behaviour in Case no.CRM/MAG/09/2025/DCP(N)/ Bengaluru. There is also no dispute about registration of Crime no.49/2025 by Hebbal Police Station during period of undertaking which amounted to violation of condition in bond. Though, respondent no.2 has resorted to Section 141 (1) (b) of BNSS to order forfeiture of bond amount and for imprisonment till expiry of period of bond, Section 142 (9) of BNSS empowers this Court to cancel or vary such conditions in bond for sufficient reasons. 10. Admittedly, an order of forfeiture of bond is required to be preceded by an enquiry affording opportunity. - 5 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 Though such enquiry appears to have been conducted, same is while petitioner was in judicial custody in Crime no.49/2025. Though, petitioner is shown to have been brought before respondent no.2 and participated in proceedings, fact that he was in custody would suggest dearth of opportunity to petitioner. At same time, forfeiture of Bond amount of Rs.1,00,000/- and for detention until amount is recovered, which in instant case, petitioner claims to be unable to pay would render in petitioner languishing in custody, virtually during remainder of period of bond. This would normally entail remission of matter back to respondent no.2 for consideration afresh. It is instead found appropriate to invoke provisions of Section 142 (9) of BNSS and modify conditions of bond as would secure ends of justice. 11. High Court of Bombay in Balraj S. Kapoor v. State of Bombay, reported in AIR 1954 Bombay 365 and High Court of Rajasthan in Moola Ram v. State of Rajasthan, reported in 1982 Crl.L.J. 2333, have held that Court can remit a portion of penalty invoking its discretionary power under Section 514 (5) of 1898 Code (corresponding to Section - 6 - HC-KAR NC: 2025:KHC:42790 CRL.RP No. 1426 of 2025 446(3) of CrPC, 1973 and Section 142 of BNSS) so long as payment of any portion of penalty remains unenforced. 12. 12. In view of above legal position, Revision Petition is allowed, order for detention of petitioner for violation of condition with bond for good behavior furnished in Case no.CRM/MAG/09/2025/DCP(N)/Bengaluru on file of respondent no.2 is modified and reduced to forfeiture of Rs.30,000/- and furnishing of personal bond for like sum before respondent no.2 for remainder of bond period. Sd/- (RAVI V HOSMANI) JUDGE HNM/GRD List No.: 1 Sl No.: 23