Criminal Appeal challenging forfeiture of surety bonds. The High Court reduced the penalty by 50% due to appellants' efforts and financial constraints, appropriating their deposits towards the reduced penalty.
Penalty amount reduced to Rs. 1,00,000/- per bonds; 50% surety bond waived; deposits made by appellants appropriated towards penalty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.356 OF 2020
BETWEEN:
(By Sri B. Lethif Advocate)
AND:
The State of Karnataka, Represented by Barke Police Station, D.K.District. Represented by State Public Prosecutor, High Court Building, Bengaluru-560001.
…Respondent
(By Sri K.K.Krishna Kumar, HCGP)
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This Criminal Appeal is filed under Section 449(ii) Cr.P.C. praying to set aside the order dated 11.09.2019 in Crl.Misc.No.828/2019 pending on the file of the I Additional District Judge, D.K., Mangaluru against the appellant.
This Criminal Appeal coming on for admission this day, the Court delivered the following:
JUDGMENT
Heard Sri B.Lethif, learned counsel for the appellants and the learned Government Pleader.
challenging the order dated 11.9.2019 dismissing the appellants application under section 446 of Cr.P.C.
6 did not appear before the court, notices were ordered to the appellants and they failed to secure
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the presence of accused 4 and 6. This resulted in forfeiture of the surety bonds. At that time, the appellants made an application under section 446 (3) Cr.P.C seeking remission, but the court below rejected their application.
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Rs.1,00,000/- and the deposit already made is appropriated for the penalty. Thus appeal is partly allowed and the impugned order is modified.
Sd/JUDGE
ckl/-
2 issues framed by the court
Whether the penalty for forfeiture of surety bond should be remitted given the appellants' inability to produce accused and their financial condition.
Whether 50% of the surety bond amount can be waived and the deposit made by appellants appropriated towards the penalty.
2 provisions across 1 enactments
Aboobakkar
Adram @ Audrama
The State of Karnataka
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
