- 1 - HC-KAR NC: 2025:KHC:36212 CRL.P No. 11118 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11118 OF 2025 BETWEEN: INAYATH ULLA S/O YAKUB, AGED ABOUT 26 YEARS, R/AT NO. 177, AMBEDKAR NAGARA, BIDARAHALLI, BSK II STAGE POST, BANGALORE - 560 070. …PETITIONER (BY MISS. NIKHITHA, ADVOCATE) AND: THE STATE OF KARNATAKA BY BANASHANKARI P S, REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.P.C (U/S 483(1)(b) BNSS) PRAYING TO SET ASIDE THE ORDER DTD 04.07.2025 PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-67) IN CRL.MISC.No.5548/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36212 CRL.P No. 11118 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to set aside the order passed by the learned Sessions Judge, rejecting his application for modification of the bail conditions and consequently, to relax condition No.5 imposed by the learned Sessions Judge, while he was released on bail. 2. Petitioner is arraigned as an accused in Crime No.138/2020 of Banashankari Police Station, registered for the offence punishable under Section 399 and 402 of IPC. Petitioner was granted bail at the crime stage. However, he remained absent. Hence, NBW was issued against him. On his arrest, he was remanded to judicial custody. 3. Petitioner was granted bail by the learned Sessions Judge in Crl.Misc.No.5208/2025, vide order dated 26.06.2025. He was directed to execute a personal bond for a sum of Rs.1,00,000/- with two solvent sureties for the like-sum and other conditions were imposed. Condition - 3 - HC-KAR NC: 2025:KHC:36212 CRL.P No. 11118 of 2025 No.5 stipulates that he shall deposit the forfeited bond amount. 4. The application seeking modification of the condition has been rejected by the learned Sessions Judge in Crl.Misc.No.5548/2025, vide order dated 04.07.2025. It is observed therein that the petitioner has violated the bail conditions and there are no grounds to allow the application. 5. The fact remains that, petitioner was initially granted anticipatory bail. For his non-appearance, he was once again secured under NBW and remanded to judicial custody. The conditions imposed, directing the petitioner to deposit the forfeited bond amount i.e. Rs.1,00,000/- appears to be onerous. Pursuant to his arrest, petitioner is in judicial custody from 16.06.2025, as he is unable to deposit the bond amount. In the given facts and circumstances, the condition can be modified. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:36212 CRL.P No. 11118 of 2025 ORDER I. Petition is allowed. II. The order granting bail to the petitioner in Crl.Mis.No.5208/2025 dated 26.06.2025, is modified as under. III. Petitioner is directed to be enlarged on bail in Crime No.138 of 2020 of Banashankari Police Station registered for the offence punishable under Section 399 and 402 of IPC, subject to following conditions: (i) He shall execute a personal bond for a sum of Rs.50,000/- (fifty thousand only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) Condition Nos.1 to 4 imposed in Crl.Misc.No.5208/2025 dated 26.06.2025 shall remain intact. (iii) Condition No.5 is modified as under: - 5 - HC-KAR NC: 2025:KHC:36212 CRL.P No. 11118 of 2025 Petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) towards forfeited bond amount. Violation of any of the condition, during the pendency of the case, shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 38