- 1 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11027 OF 2024 BETWEEN: SRI. VINAY K.L. POLICE SUB INSPECTOR KAMASKHIPALYA POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROECUTOR, HIGH COURT BUILDNG, BENGALURU - 560 001. &PETITIONER (BY SRI. B.N. JAGADEESHA, ADDL. SPP) AND: GIRISH @ GIRISH KUNIGAL @ ASHWATH GOWDA S/O VEEANAGOWDA, AGED ABOUT 34 YEARS, RESIDING AT HOSURU VILALGE MODURU POST, KASABA HOBLI TUMAKURU DISTRICT - 562 132. &RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO A) SET ASIDE THE ORDER DATED 14.08.2024 PASSED IN CRIMINAL REVISION PETITION NO.285/2024 ON THE FILE OF COURT OF LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY(CCH-69) BY ALLOWING THIS CRIMINAL PETITION. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The State is before the Court calling in question an order dated 14.08.2024 by which the concerned Court allows the Revision Petition filed by the respondent. 2. Heard Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for the petitioner. 3. Facts in brief germane are as follows: The issue relates to execution of a personal bond as required under Sections 108, 109 and 120 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' for short) for a sum of Rs.1,00,000/-, as the accused was involved in 65 criminal cases pending before various Police Stations. A crime had been registered in crime No.87/2024 for offences punishable under Sections 341, 342, 394, 307 and 435 of the Indian Penal Code, 1860 ('the IPC' for short). The State then files an application before the Special Executive Magistrate and Deputy - 3 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 Commissioner for forfeiture of the surety bond executed by the respondent. The respondent then appears along with his counsel and files objections. The Deputy Commissioner then passes an order for forfeiting the bond amount of Rs.1,00,000/- and in case of default to be kept in judicial custody for the remaining period from 27.05.2024 to 19.01.2025. This is called in question by the respondent in Criminal Revision Petition before the learned Sessions Judge. The concerned Court in terms of the order impugned allows the Revision Petition and sets aside the order passed by the Deputy Commissioner directing or forfeiting the bond amount and committing the respondent to judicial custody. The concerned Court on the following reason has set aside the said order: "8. POINT NO.1: The petitioner has filed this petition stating that, an application U/Sec.110 of Cr.P.C filed before respondent No.2 and he has passed order U/Sec. 111 of Cr.P.C directing the petitioner to execute bond U/Sec.127 of Cr.P.C. Afterwards the petitioner complied with the order. On 26.04.2024 Sri. Manohar.J has filed compliant alleging that the petitioner and his friends assaulted and snatched the gold chain and also set ablaze the two- wheeler of the complainant. As such FIR No.87/2024 of Huliyurudhurga came to be registered. Based on the said FIR application U/Sec. 122(1)(b) of Cr.P.C came to be filed for forfeiting the surety bond. Hence, petitioner went to the office of respondent No.1 in pursuance of the notice. When the petitioner pray time to file objection to the said application, without giving opportunity - 4 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 respondent No.1 passed order on the same day i.e., on 27.05.2024 by forfeiting bond of Rs.1,00,000/- and sentenced the petitioner to the judicial custody from 27.05.2024 to 19.01.2025. 9. The petitioner contended that, the respondents have not given any opportunity to the petitioner to file objection and not allowed to hear on the application filed U/Sec. 122(1)(b) of Cr.P.C. Though the petitioner was granted bail in FIR No.87/2024 and though he was attending the Court regularly, without giving opportunity to file objections, he is sent to judicial custody. 10. The petitioner has produced the order passed by Special Executive Magistrate and Deputy Commissioner of Bangalore, wherein, it is stated that the petitioner has executed bond stating that he will not indulge in any anti social activities for one year from the date of order i.e., 20.01.2024 for an amount of Rs.1,00,000/-. Such being the case FIR came to be registered by Huliyurudhurga police station for offence U/Sec.307 of I.P.C. 11. So it is apparent that the petitioner has violated conditions mentioned in the bond. Hence, respondent No.1 has forfeited the bond amount of Rs.1,00,000/- and sent the petitioner to judicial custody from 27.05.2024 to 19.01.2025. As per the learned counsel for the petitioner the respondent No.1 has no jurisdiction to send the petitioner to judicial custody. Sec. 122(1)(b) of Cr.P.C, deals with the "breach of bond for keeping the peace or good behaviour". Under this provision, if a person bound by such a bond breaches it's conditions, the Executive Magistrate who accepted the bond may order the person to be arrested and brought before them. After inquiry, if the breach is proved, the Magistrate can cancel the bond and may commit the person to custody. However, the custody referred to here is not the same as judicial custody (which is generally ordered by a judicial Magistrate). Instead, it is more akin to preventive detention or Custody as a measure to prevent further breach. - 5 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 Judicial custody, on the other hand, is typically ordered by a Judicial Magistrate after a person has been formally charged or is under investigation for a crime, and it involves detaining the person in a jail under the supervision of the judiciary. If further proceedings are necessary, the Executive Magistrate must present the case before a Judicial Magistrate for such orders. In essence, while an Executive Magistrate can order custody under Section 122(1)(b) for breach of bond, they do not have the power to send someone to judicial custody as understood under other sections of the Cr.P.C. which is a function reserved for Judicial Magistrates. 12. In the light of the said provision if we consider the case on hand, respondent No.1, who is the Special Executive Magistrate and Deputy Commissioner of Police have ordered to keep the petitioner in judicial custody, which is not permissible. In that case, he should present the petitioner before the concerned judicial Magistrate to pass necessary order. Respondent No.1 can very well forfeit the bond and recover the bond amount but cannot send the petitioner to Judicial custody. Accordingly, I answer Point No.1 Partly in the Affirmative. 13. POINT NO.2: For the aforesaid reasons, I pass the following: ORDER The Criminal Revision Petition filed by the petitioner under Sec. 397 of Cr.P.C. is hereby allowed in part. The impugned order dated 27.05.2024 passed by Special Executive Magistrate and Deputy Commissioner of Police, West Division, Bengaluru, is hereby set-aside only with respect to committing the petitioner to judicial custody. Issue intimation to the respondent No.1 to do the needful." - 6 - HC-KAR NC: 2026:KHC:2024 CRL.P No. 11027 of 2024 A perusal at the order would not indicate any perversity or otherwise for this Court to entertain the subject petition. As admittedly, the Special Executive Magistrate and Deputy Commissioner had no power to send someone to judicial custody, which is a function that is reserved for Judicial Magistrate, except in exceptional circumstances in accordance with law. 4. In the case at hand, the Deputy Commissioner, who has passed the order forfeiting the bond, invoking Section 122(1)(b) of the Cr.P.C. admittedly did not have power to send the respondent to judicial custody. In that light, no fault can be found with the order passed by the concerned Court. The petition lacking in merit stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 41