Partly allowed

Sri. G K Chandrashekar v. State of Karnataka

Karnataka HC18 Aug 2021CRL.P/6273/2021

Case brief

AI extract

What is this about?

High Court of Karnataka allowed criminal petitions under Section 482 Cr.P.C. to set aside and modify an order directing deposit of entire fine amount while suspending sentence. Court authorized execution of bond with reduced deposit.

What did the court decide?

The First Appellate Court directed to release petitioners by executing personal bond of Rs.25,000/- with surety and deposit 25% of fine within eight weeks.

Sri. G K Chandrashekar Vs State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.6273/2021

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C/w. CRIMINAL PETITION No.6277/2021,

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CRIMINAL PETITION No.6307/2021

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BETWEEN:

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Sri G.K.Chandrashekar, S/o G.K.Krishnappa, Aged about 65 years, R/o 2^nd Cross, Behind Ramamandira, Nehru Nagar, Mandya-571 401.

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Sri G.K.Narasimhamurthy, S/o G.K.Krishnappa, Aged about 57 years, R/o H.No.31, KHB Colony, RTO Office Side, Subash Nagar, Mandya-571 401. .. Petitioners (Common in all Petitions)

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( By Sri K.L.Sreenivas, Advocate )

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AND:

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State of Karnataka, by Mandya West Police Station,

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Mandya-571 401, Rep.by the State Public Prosecutor, Bengaluru-560 005. .. Respondent (Common in all Petitions)

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( By Sri Mahesh Shetty, HCGP )

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Criminal Petition No.6273/2021 is filed under Section 482 of Cr.P.C. praying to quash the order dated 17.05.2021, passed by the Hon’ble II Addl.District and Sessions Judge, Mandya, in Crl.A.No.119/2021 as far as it relates to the condition to deposit the fine amount.

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Criminal Petition No.6277/2021 is filed under Section 482 of Cr.P.C. praying to quash the order dated 17.05.2021, passed by the Hon’ble II Addl.District and Sessions Judge, Mandya, in Crl.A.No.113/2021 as far as it relates to the condition to deposit the fine amount.

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Criminal Petition No.6307/2021 is filed under Section 482 of Cr.P.C. praying to quash the order dated 17.05.2021, passed by the Hon’ble II Addl.District and Sessions Judge, Mandya, in Crl.A.No.127/2021 as far as it relates to the condition to deposit the fine amount.

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These Criminal Petitions are coming on for Orders , this day, the Court made the following:

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ORDER

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These petitions are filed by the petitioners/accused under Section 482 of Cr.P.C., seeking for quashing the order dated 17.05.2021, passed by the learned II Addl.District & Sessions Judge, Mandya, (hereinafter referred to as ‘First Appellate Court’) in Crl.A.Nos.119/2021, 113/2021 & 127/2021, in so far as it relates to the condition to deposit the fine amount ordered by the First Appellate Court for allowing the application of the petitioners filed under Section 389(1) of Cr.P.C., while suspending the sentence imposed by the learned I Addl. Civil Judge & J.M.F.C., Mandya, (hereafter referred to as `trial Court’), in C.C.No.1001/2009, C.C.No.996/2009 and in C.C.No.1003/2009.

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Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.

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The case of the prosecution is that the Mandya West Police filed charge-sheet against the present petitioners, who are accused Nos.2 and 3 (in C.C.No.1001/2009) and accused

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Nos.3 and 4 (in C.C.No.996/2009 and in C.C.No.1003/2009), for the offences punishable under Sections 465, 467, 468, 471, 166 and 420 read with Section 34 of IPC. After the trial, these petitioners/accused have been convicted for the offences punishable under Sections 465, 468, 471 and 420 of IPC by imposing fine of Rs.10,000/- each for the said offences. Being aggrieved by the same, petitioners filed appeals before the First Appellate Court and also filed an application for suspending the sentence under Section 389(1) of Cr.P.C., which was allowed with a condition to deposit the entire fine amount and the same is challenged before this Court.

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On perusal of the impugned order, of course, the First Appellate Court has power to impose the condition while suspending the sentence and releasing the accused on bail with or without surety, but, the First Appellate Court has not passed any such order while suspending the sentence. Further, the impugned order dated 17.05.2021 passed by the First Appellate Court go to show that the impugned sentence

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passed against the petitioners/accused in C.C.No.1001/2009 (in Crl.P.No.6273/2021), C.C.No.996/2009 (in Crl.P.No.6277/2021) and in C.C.No.1003/2009 (in Crl.P.No.6307/2021), by the trial Court is stayed till the disposal of the appeals subject to the condition that the appellants shall deposit the fine amount imposed on the appellants before the trial Court within a period of four weeks from the date of the order passed by the First Appellate Court. The said order is not sustainable under the law. As per Section 389(1) of Cr.P.C., the sentence passed by the trial Court shall have to be suspend the sentence, but it cannot be stayed. However, the First Appellate Court has directed to deposit the entire fine amount, but, has not passed the order to release the petitioners on bail by executing the bond and surety.

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The petitioners said to have been convicted by the trial Court in all 150 cases. Such being the case, imposing the condition to pay the entire fine amount is too harsh and it requires to be modified.

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Learned counsel for the petitioners submits that accused No.1 who is said to be the Sub-Registrar and petitioner No.1 herein is the Deed Writer and petitioner No.2 is the brother of petitioner No.1, they have not so much capacity to pay even 50% of the fine amount. Therefore, considering the submission made by the learned counsel for the petitioners and heavy amount in multiple cases, the condition in respect of fine amount is required to be modified.

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Learned counsel for the petitioners also relied upon the order passed by the Co-ordinate Bench of this Court in respect of accused No.1 in Crl.P.No.5077/2021 and connected matters dated 15.07.2021. Therefore, the order of First Appellate Court dated 17.05.2021 is hereby set aside and modified as under:

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The First Appellate Court is directed to pass an order by releasing the petitioners after suspending the sentence by executing personal

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bond for a sum of Rs.25,000/- each with a surety for the likesum and to deposit 25% of the fine amount in each cases within eight weeks from receipt of the copy of the order.

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Accordingly, all the Criminal Petitions are disposed

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off .

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Sd/JUDGE

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bk/

Sri. G K Chandrashekar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. G K Chandrashekar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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