IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 16432 OF 2025 [(439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)]

BETWEEN:

1. ANJAN KUMAR,

S/O. LAKSHMINARAYANA,

AGED ABOUT 33 YEARS,

2. BHASKAR JHA,

S/O. PHULENDU JHA,

AGED ABOUT 33 YEARS,

3. RANJITH,

S/O. RAMESH BABU B.,

AGED ABOUT 28 YEARS, ALL HAVING OFFICE AT:

NO.354, 5H MAIN,

SHARADAMBA NAGAR,

Digitally signed by

LAKSHMINARAYANA

JALAHALLI,

MURTHY RAJAS HRI

Location: HIGH BENGALURU NORTH,

COURT OF

KARNATAKA BENGALURU 560 013.

…PETITIONERS

(BY SRI. RAGHAVENDRA REDDY C R., ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY VIVEKNAGAR POLICE STATION,

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S

483(1)(b) OF BNSS) PRAYING TO RELAX THE CONDITION ON SURETY IN BAIL ORDER DATED 19.08.2023 AND PERMIT THE PETITIONERS TO GIVE CASH SURETY INSTEAD OF SURETY IN CR NO.117/2023 (C.C.NO. 27621/2024) FOR THE OFFENCE P/U/S 120B, 406, 420 OF IPC PENDING ON THE FILE OF THE HONBLE III ADDL.CMM COURT, BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

Learned High Court Government Pleader accepts notice for respondent - State.

2. The present petition is filed by accused Nos.3 to

5 under Section 439(1)(b) of Code of Criminal Procedure, praying to relax the conditions imposed in the order dated 19.08.2023 passed in Criminal Miscellaneous No.7751/2023 and permitting the petitioners to furnish cash security instead of furnishing surety.

3. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

4. Learned counsel for petitioner would contend that, the petitioners are unable to find surety and therefore, now they are paying for relaxation of the condition to furnish surety and instead, they will furnish cash security. The petitioners who are accused Nos.3 to 5 in Crime No.117/2023 registered for offences punishable under Sections 120-B, 406 and 420 of IPC have been granted anticipatory bail by order dated 19.08.2023 passed in Criminal Miscellaneous No.7751/2023 by LXVI Additional City Civil and Sessions Judge, Bengaluru City. In the said order, the petitioners have been directed to comply the following conditions:

"……

The petitioners are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.117/2023 registered by respondent under Sections 120B, 406, 420 of IPC on execution of personal bond for Rs.50,000/- each with one surety for the like sum to the satisfaction of the Investigation Officer subject to following conditions.

1. The petitioners/accused shall appear before the IO on or before 30.08.2023 and thereafter as and when called upon for the purpose of investigation.

2. The petitioners/accused shall not threat the complainant or prosecution witnesses in any manner directly or indirectly.

3. The petitioners/accused shall regularly appear before the concerned Court as and when called for.

4. Petitioners/accused shall not commit similar offences."

5. It is submitted that, the petitioners have cooperated with the Investigating Officer in the investigation. Now, the charge sheet has been filed. After filing of the charge sheet, the petitioners have filed Criminal Miscellaneous No.9225/2025 seeking relaxation of condition and same came to be rejected by Order dated 03.11.2025. Therefore, the petitioners have approached this Court seeking relaxation of condition. The ground on which the petitioners have sought relaxation of condition is that, they are unable to furnish the surety. The petitioners have sought permission to furnish cash security instead of furnishing surety. Considering the fact that, the petitioners have cooperated with the Investigating Officer in the investigation and as the charge sheet is filed, the petitioners can be permitted to furnish cash securit