ORDER : 1. This petition is filed under Section 439 (1) (b) of the Code of Criminal Procedure for relaxation of one of the conditions imposed by the learned Sessions Judge in his order dated 28.10.2016 passed in Crl. Misc. No. 1242/2016. 2. The petitioner is accused of the offences punishable under Sections 504 and 307 IPC, in Crime No. 36/2012 and Section 3(1), 10 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered by Kyathasandra police station. 3. He approached the learned Sessions Judge, Tumakuru with a petition under Section 439 of Cr.P.C and the same was considered and allowed the same with four conditions. The petitioner is aggrieved by the first condition which reads as under: “1. The accused-petitioner shall deposit a sum of Rs.30,000/- cash as cash security.” 4. Sri. Chethan B. learned counsel appearing for the petitioner argued that there is no provision under the Code of Criminal Procedure to impose a condition to deposit any amount as a condition precedent to release him on bail, except under Section 445 of Cr.P.C. wherein the accused may be permitted to deposit a sum of money or Government Promissory Notes in lieu of executing such bond. He argued that when the learned Sessions Judge has directed for executing a personal bond for a sum of Rs.50,000/- with two sureties for the like-sum, further condition to deposit Rs.30,000/- cash is unsustainable. 5. Sri. B. Vishweshwaraiah, learned HCGP, fairly submits that the said condition, imposing cash surety, in addition to the self bond of Rs.50,000/- with two sureties for the like-sum is not in consonance with the provisions of Section 445 of Cr.P.C and same may be modified. 6. Learned counsel for the petitioner also placed reliance upon on the order of this Court dated 29.08.1991 in the case of Afsar Khan vs. State by Girinagar Police Bangalore, 1992 CRI. L.J. 1676, to contend that the imposition of such condition is impermissible. Relevant portion of Paragraph 7 of the said judgment reads as follows: “7. A reading of the entire Chapter which deals with the provisions relating to bail, does not say that when a person is released on bail, the Court can also insist upon him to give cash security.” 8. In the circumstances, this Court is of the considered view that the condition imposing deposit of Rs.30,000/- as cash surety is unsustainable. A reading of the entire Chapter which deals with the provisions relating to bail, does not say that when a person is released on bail, the Court can also insist upon him to give cash security.” 8. In the circumstances, this Court is of the considered view that the condition imposing deposit of Rs.30,000/- as cash surety is unsustainable. Hence, the petition deserves consideration. 9. In the result, this petition is allowed. Condition No. 1 imposed by the learned Sessions Judge in Crl. Misc. No. 1242/2016, directing the petitioner to deposit a sum of Rs.30,000/- cash as cash security is set aside. It is made clear that all other conditions shall remain unchanged. Petition allowed.