Mr. Richard Dsouza v. State of Karnataka

NC:(2025:KHC:54387( CRL.P(No.(16891(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(18 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(MOHAMMAD(NAWAZ( CRIMINAL(PETITION(NO.16891(OF(2025(( BETWEEN:(( ( MR.,RICHARD,DSOUZA, S/O,PATRIC,DSOUZA,, AGED,ABOUT,52,YEARS,, PERMANENTLY,R/AT,NO.2-81,, KAVATHAR,GURI,HOUSE,, KAVATHAR,POST,AND,VILLAGE,,MULKI,TALUK,, RECENTLY,R/AT,FLAT,NO.105,,'B',WING,, 1ST,FLOOR,,VARDHAN,CHS,LTD.,, LAKSHMIBEN,CHEDDA,MARGH,, NILLEMOR,,NELASOPPAR,(WEST),, PALGAR-401,203., (NOW,IN,JUDICIAL,CUSTODY), …PETITIONER, (BY,SRI.,BALAKRISHNA,M.,R.,,ADVOCATE), AND:(

Digitally ( signedtiby LAKSHMI0T STATE,OF,KARNATAKA, Location: BY,MULKI,PS,,D.K.,,DISTRICT,, High0Court of0Karnataka REPRESENTED,BY,ITS,STATE,PUBLIC, PROSECUTOR,,, HIGH,COURT,BUILDING,, BENGALURU,-,560,001., …RESPONDENT, (BY,SRI.,RAHUL,RAI,K.,,HCGP), , , THIS,CRL.P,FILED,U/S,482,CR.PC,(FILED,U/S,528,BNSS), PRAYING,TO,QUASH,THE,CONDITION,NO.2,i.e,,IN,ADDITION, HE,SHALL,FURNISH,CASH,SURETY,OF,RS.,1,00,000/-,BEFORE, THE, TRIAL, COURT, IMPOSED, BY, HONBLE, II, ADDL., DISTRICT, AND, SESSIONS, JUDGE,, D.K.,, MANGALURU, IN,

CRL.MISC.NO.1122/2025 VIDE ORDER DATED 03.12.2025 AND ETC.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER Learned HCGP accepts notice for the State.

¶2Heard both sides and perused the material on record.

¶3Petitioner is aggrieved by certain conditions imposed by the learned Sessions Judge while enlarging him on on regular bail.

¶4FIR is registered against the petitioner in Crime No.17/2025 of Mulki Police Station, D.K. District for the offence punishable under Sections 406 and 420 of IPC.

¶5The learned II Additional District and Sessions Judge, D.K. Mangalore, vide order dated 03.12.2025 in Crl.Misc.No.1122/2025 was pleased to enlarge the petitioner on bail and imposed the following conditions. "1. He shall execute a personal bond for Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the Court.

¶2In addition, he shall furnish cash surety of Rs.1,00,000/- before the trial Court.

¶3He shall co-operate for completion of investigation.

¶4He shall not tamper with the prosecution witnesses.

¶5He shall appear before the jurisdictional court regularly.

¶6He shall not leave jurisdictional court without permission from the court.

¶7He shall not involve in any crime or commit the similar crime.

¶8Violation of any of the conditions, the prosecution is entitled to seek for cancellation of bail."

¶6The learned counsel contended that petitioner is presently settled in Mumbai along with his family and therefore furnishing of local sureties is an onerous condition which the petitioner is not able to comply. He further contended that the learned Sessions Judge in addition to that has directed the petitioner to furnish cash surety of ` 1,00,000/-, which is not warranted.

¶7He relied on a decision of the Hon'ble Supreme Court in Keshab Narayan Banerjee v. State of Bihar reported in AIR 1985 SC 1666, wherein the Apex Court observed that furnishing cash security virtually amounts to denial of bail itself.

¶8The petitioner has undertaken to co-operate with the investigation of the case and available for investigation whenever necessary. There is a condition imposed by the learned Sessions Judge reserving liberty to the prosecution to seek cancellation of bail, if the conditions are violated. Hence, the conditions imposed by the learned Sessions Judge, directing the petitioner to furnish two local sureties as well as cash surety can be relaxed.

¶9Further, as it is submitted that the petitioner has his avocation in Mumbai and settled there along with his family members, condition No.6 which stipulates that he shall not leave the jurisdictional court without permission of the court, can be modified. Accordingly, the following ORDER Petition is allowed.

(ii) The condition No.1, wherein the petitioner has been directed to furnish two local sureties is hereby modified and he is directed to furnish two sureties for the like sum amount, to the satisfaction of the jurisdictional court.

(iii) Condition No.2, directing the petitioner to furnish cash surety of ` 1,00,000/- is hereby set aside.

(iv) In modification of condition No.6, petitioner is directed to be available for investigation, whenever called for. Rest of the conditions shall be intact. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE

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