The petitioner-accused No.1 is before this Court

seeking relaxation of condition imposed in Crl.Misc.

No.374/2022 by the learned II-Additional Sessions Judge,

Vijayapur vide Order dated 16.04.2022 ordering to furnish

two local solvent sureties with solvency certificates issued

by the Revenue Authority for a sum of Rs.1.00 Lakh each

and to extend the time fixed for the petitioner to appear

before the jurisdictional police and to move for regular

bail.

2.

Heard Sri S.S.Mamadapur, learned Counsel for

the petitioner and Sri Gururaj V. Hasilkar, learned High

3

Court Government Pleader for the respondent -State.

Perused the materials on record.

3.

Learned Counsel for the petitioner submits that

the petitioner is arrayed as accused No.1. He is innocent

and has not committed any offences as alleged. He has

been falsely implicated in the matter by the complainant

while filing private complaint in P.C.No.127/2021 before

the JMFC Court, Vijayapur, for the offences punishable

under Sections 406, 420, 120B and 506 r/w section 34 of

IPC. The petitioner was having reasonable apprehension of

being arrested. Therefore, he approached the Trial Court

for grant of anticipatory bail in Crl.Misc.No.374/2022. The

said petition came to be allowed vide order dated

16.04.2022. However, the Trial Court without assigning

any valid reason, mechanically imposed the condition for

furnishing solvent sureties to the satisfaction of the Court

and to produce solvency certificates issued by the revenue

authorities.

4

4.

Learned counsel for the petitioner submits that

there is absolutely no reason for imposing such harsh

conditions on the petitioner. Obtaining solvency certificates

to be issued by the revenue authorities is a lengthy and

cumbersome procedure. The petitioner is not having

criminal antecedents. The offences alleged are not

punishable either with death or imprisonment for life.

Therefore, imposition of such harsh condition is not called

for. The petitioner is ready and willing to abide by all other

conditions imposed by the Trial Court and also any

conditions that may be imposed by this Court. Hence, he

prays to allow the condition.

5.

Per contra, learned High Court Government

Pleader opposing the petition submitted that considering

the facts and circumstances of the case, the learned

Sessions Judge imposed the condition which cannot be find

fault with. Therefore, he prays for dismissal of the petition.

5

6.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

“Whether

the

petitioner

is

entitled for relaxation of conditions

imposed vide order dated 16.04.2022

under Section 439(1)(b) of Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for

the following:

R E A S O N S

7.

The private complaint came to be filed by the

complainant

against

accused

Nos.1

and

The

petitioner/accused No.1 is the Director and accused No.2 is

the

owner

Al-Falha

Distributor

Private

Limited,

Bengaluru. It is stated that they criminally conspired and

insisted the complainant to invest money in the firm

assuring

bonus

at

the

rate

10%.

Accordingly,

complainant invested huge sums of money. But, within

three months, accused have closed down their office and

when the complainant insisted for return of his money,

6

accused No.1 abused him in filthy language and gave life

threat. Thereby he has committed the offences as stated

above.

8.

When the petitioner approached the Sessions

Court for grant of anticipatory bail, the same came to be

allowed, subject to conditions. One of the conditions

imposed is that accused No.1 shall execute personal bond

for a sum of Rs.1,00,000/- with two local solvent sureties

with solvency certificates issued by the revenue authorities

for the reason stated in paragraph-22 of the order.

9.

In

paragraph-22,

learned

Sessions

Judge

discussed about the common practice of furnishing fake

sureties and the difficulty in ascertaining and determining

their genuinity. He also referred