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1991 Supreme(Kar) 383

N.Y.HANUMANTHAPPA
AFSAR KHAN – Appellant
Versus
STATE BY GIRINAGAR POLICE, BANGALORE – Respondent


Advocates:
C.H.JADHAV, C.S.Padma Rekha

N. Y. HANUMANTHAPPA, J.

( 1 ) THIS application is through Jail moved for bail granted by the Sessions Judge.

( 2 ) THE point for consideration is this application is whether the learned Sessions Judge while releasing the petitioner on bail by exercising power under S. 439, Cr. P. C. was right in insisting that the petitioner shall apart from executing a personal bond in a sum of Rs. 5,000/- with other conditions shall also deposit a cash surety of Rs. 750/- in each case.

( 3 ) A complaint was lodged against the petitioner by the Girinagar Police, Bangalore in C. C. Nos. 619, 713, 716, 717, 718, 994 and 996 of 1988 and 2145 and 2146 of 1990 on the file of the IX Additional Chief Metropolitan Magistrate, Bangalore for the offence punishable under S. 379, I. P. C. in all the cases.

( 4 ) THE petitioner was in judicial custody. He moved for bail before the learned Sessions Judge, Bangalore under S. 439, Cr. P. C. The learned Sessions Judge found the petitioner as entitled for bail and rightly ordered for his bail. However, he put among other conditions, a condition that in each case the petitioner shall deposit a cash security of Rs. 750/- which comes to Rs. 6,750/ -. Aggrieved by the s












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