Disposed

Andanaiah v. the State of Karnataka

Karnataka HC13 Dec 2021CRL.P/9322/2021

Case brief

AI extract

What is this about?

In this criminal petition for relaxation of surety bond forfeiture under Cr.P.C. 482, the High Court of Karnataka disposed of the matter by granting liberty to one petitioner to file an application for remission while urging the trial court to decide the existing application of the second petitioner.

What did the court decide?

Liberty granted to the first petitioner to make an application under Section 446(3) Cr.P.C.; trial court directed to dispose of the second petitioner's application at the earliest.

Andanaiah Vs the State of Karnataka — Karnataka HC (2021) — LawSathi Research

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 13^TH DAY OF DECEMBER, 2021

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

¶6

CRIMINAL PETITION No.9322 OF 2021

¶7

BETWEEN

¶8

Andanaiah,

¶9

S/o Late Boregowda, Aged about 54 years, R/o Settappanahalli Village, Guluru (Ho), Tumkur Taluk, Tumkuru District-572101.

¶10

Sri H.S.Siddaiah, S/o Sudugadaiah, Aged about 55 years, R/o Hosapalya Village, Guluru (Ho), Tumkur Taluk, Tumkuru District-572101.

¶11

…Petitioners

¶12

(By Sri A.N.Radhakrishna, Advocate)

¶13

AND

¶14

The State of Karnataka By Koratagere Police, Represented by the State Public Prosecutor, High Court Buildings, Bengaluru-560001. …Respondent (By Sri Mahesh Shetty, HCGP)

¶15

¶16

This Criminal Petition is filed under Section 482 Cr.P.C., praying to set aside the order dated 23.03.2020 passed by the learned IV Additional District and Sessions Judge, Madhugiri in S.C.No.5007/2017 and pass appropriate orders.

¶17

This Criminal Petition coming on for admission , this day, the Court made the following:

¶18

ORDER

¶19

Heard Sri. A.N. Radha Krishna, learned counsel

¶20

for the petitioners. Government Pleader takes notice for the respondent.

¶21

The petitioners have sought to set aside the

¶22

order dated 23.3.2020 passed by the IV Addl. District

¶23

and Sessions Judge, Madhugiri in S.C.No.5007/2017.

¶24

The petitioners stood as surety for accused no.5, viz., Sharathchandra. Since he did not appear before the court, the surety bonds of the petitioners were forfeited and they were directed to pay the bond amount. The first petitioner Andanaiah has so far deposited Rs.35,000/- and the second petitioner has

¶25

¶26

deposited Rs.10,000/- towards the bond amount. It also appears that the second petitioner made an application under section 446(3) Cr.P.C. seeking remission and the said application is still under consideration. Now that the trial court has directed both the petitioners to pay the entire balance, the petitioners are before this court seeking relaxation.

¶27

Section 446(3) of Cr.P.C. provides for

¶28

remission of the bond amount. It is stated that the second petitioner made such an application, but it is not considered. Even with regard to the first petitioner, it is stated that he has already paid Rs.35,000/-. In this view, the only course open to the first petitioner is to make an application under section 446(3) Cr.P.C. requesting the trial court to remit a portion of the bond amount equal to the amount due from him. Since the second petitioner has already made an application, the trial court should decide that

¶29

¶30

application. In this view liberty is given to the first petitioner to make an application under section 446(3) Cr.P.C. So far as the second petitioner is concerned, the trial court shall dispose of his application at the earliest. With these observations, petition is disposed of.

¶31

Sd/JUDGE

¶32

Andanaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Andanaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri R S Kulakarni Vs Sri v Raju

Ramesh @ Ekamabram Vs State of Karnataka

Mukkatira Neeth Aiyappa Vs the State by Ponnampet P S

Sri Kemparaju Vs State of Karnataka

Harisha @ Harish M Vs State of Karnataka

Manjunath M Vs Narasimhan v