In a special bail appeal seeking to quash proceedings to recover a surety bond penalty, the High Court extended the time granted by the Trial Court for the petitioner to deposit the remaining penalty amount of Rs.25,000.
Granted two weeks extension to deposit the penalty amount of Rs.25,000 before the Trial Court.
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.
NC: 2024:KHC:16065 CRL.P No. 1149 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1149 OF 2024
BETWEEN:
ESHWARA BHOVI S/O PARASABOVI AGED ABOUT 58 YEARS AGRICULTURIST R/A MAHALAKSHMIPURA VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527.
…PETITIONER
(BY SRI V.B. SIDDARAMAIAH, ADV.)
AND:
Digitally signed by PAVITHRA N Location: High Court of Karnataka
THE STATE OF KARNATAKA REP BY HIRESAVE POLICE STATION CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 124 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
…RESPONDENT
(BY SRI RANGASWAMY R, HCGP)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.1378/2023, REGISTERED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, CHANNARAYAPATNA, TO RECOVER THE BOND AMOUNT OF RS.25,000/- EACH TOWARDS THE SURETY OF ACCUSED NO.3, AS PER THE ORDER DATED 12.10.2023 PASSED IN S.C.NO.175/2021, WITH RESPECT TO PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:16065 CRL.P No. 1149 of 2024
ORDER
a) Quash the entire proceedings in Crl. Misc. No.1378/2023 registered by the IV Addl. District & Sessions Judge, Channarayapatna, to recover the bond amount of Rs.25,000/- each towards the surety of accused no.3, as per the order dated 12.10.2023 passed in SC.No.175/2021 passed by the IV Addl. District & Sessions Judge, Channarayapatna, with respect to the petitioner.
b) Quash the order dated 12.10.2023 passed by the IV Addl. District & Sessions Judge, Channarayapatna to register the criminal case to recover the bond amount of Rs.25,000/- each towards the surety of accused no.3, passed in SC.No.175/2021 with respect to the petitioner is concerned.
c) Pass any other order or orders, which this Hon'ble Court deems it just and necessary in facts and circumstances of the present case, in the interest of justice and equity.
NC: 2024:KHC:16065 CRL.P No. 1149 of 2024
amount amounting to Rs.25,000/- before the Trial Court. However, on the ground that time granted in Crl. Misc. No.1378/2023 has already expired, the Trial Court has refused to receive the penalty amount of Rs.25,000/- from the petitioner.
NC: 2024:KHC:16065 CRL.P No. 1149 of 2024
payable is Rs.25,000/- which the petitioner is ready and willing to pay. Under the circumstances, I am of the opinion that the time granted by the Trial Court in Crl. Misc. No.1378/2023 to
pay the penalty amount of Rs.25,000/- is required to be extended by a further period of two weeks from the date of receipt of the certified copy of this order. Accordingly, the following order:
Sd/JUDGE
KK
1 issue framed by the court
Whether proceedings to recover surety bond amount should be quashed when the petitioner is willing to pay the penalty but faced administrative reprieve.
1 provisions across 1 enactments
Eswara Bhovi
State of Karnataka
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
