IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE I 5Th DAY OF JULY2011 BEFORE THE HON’BLE MR.JUSTICE A.S.PACHHAPURE CRIMINAL PETITION No.10824/2011 BETWEEN: Mohammed Hanjalal, S/o. Mamtaz, Age: 19 years, 0cc: Student, R/o. Matti, Dist. Malda, West Bengal. 2. Basheer, S/o. Ismailsab Bepari, Age: 30 years, 0cc: Coolie, R/o. Near New English School, Old Hubli, Hubli. 3. Santosh, S/o. Hanamanthappa Waddar, Age: 23 years, 0cc: Coolie, R/o. Ramalingeshwar Nagar, Gokul Road, Hubli. 4. Dhanyakumar, S/o. Anjaneya Arasnal, Age: 20 years, 0cc: Coolie, R/o. Ramalingeshwar Nagar, Gokul Road, Hubli. 5. Deepak, S/. Raju Saunshipur, Age: 22 years, 0cc: Coolie, R/o. Ramalingeshwar Nagar, Gokul Road, Hubli. 6. Sunil, S/o. Raju Saunshipur, Age: 20 years. 0cc: Coolie, •R/o. Ramalingeshwar Nagar, Gokul Road, Hubli. 7. Allabaksh. S/o. Mehaboobsab Huded. Age: 19 years, 0cc: Student, R/o. Ramalingeshwar Nagar, Gokul Road, Hubli. (By Shri R.H.Angadi, Advocate) AND: The State of Karnataka, Represented by; Sr. Public Prosecutor. High Court of Karnataka Circuit Bench, At: Dharwacl This criminal petition is 439(1 )(b) of the Code of Criminal release or modify the order dated I the J.M.P.C. [1 Court. Hubli, No.1106/2011. Respondent This criminal petition is coming on for orders, this day the Court made the following: - ORDER The petitioners are arrested for the offence punishable under Sections 143, 148, 1201B), 332, 353. 307. 427 and 224 read with Sections 511 and 149 of the Indian Penal Code and Section 3(l) of the Prevention of Damages to Public Property, Section 45 of the Petitioners (By Shri Ariand K. Navalgimath. H.C.Ci.P.) filed under Section Procedure seeking to 4.06.2011, iassed by in Criminal Case Karnataka Prisoners Act read with Rule 42 of the -S Karnataka Prisoners Rules. They were granted bail by the learned Magistrate “ide order dated 14.06.2011 while granting the bail, the learned Magistrate imposed a condition that the petitioners have to execute a personal bond for a sum of Rs.25.000/- with two solvent sureties for the like sum. The production of solvency certificate was made compulsory. It is in these circumstances, that the petitioners approached the Court below to relax the condition. They claim that it is very difficult to obtain solvency surety from the competent authorities and it requires much time to obtain the same. Anyhow, the Courts below have rejected the request of the petitioners and in the circumstances, they have approached this Court to relax the condition. 2. The learned counsel for the petitioners submits that each of the petitioners are ready to furnish cash security to an extent of Rs.5,000/- in addition to the execution of the personal bond and two solvent sureties for each of the petitioners. Taking into p 4 consideration, the nature of the offence, the punishment provided and the submission made, I am of the opinion that it is just and proper to relax the condition, as it is difficult to obtain the solvency certificate for the petitioners and as it would amount to the denial of liberty having been granted the bail. 3. In the circumstances, the petition is allowed. The condition regarding the production of solvency certificate is relaxed. Further, the petitioners are ordered to furnish the cash security of Rs.5,000/- each and to execute a personal bond for a sum of Rs.25,000/ - each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Rest of the conditions imposed, are maintained. The petition is accordingly disposed of. RIDGE Rsh