Disposed¶45

Hazira Begum, v. K U Krishnakumar

Karnataka HC20 Jun 2025CRL.P/2450/2024

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Petition disposed of; impugned order dated 22.02.2024 in Crl.A.No.28/2024 modified to treat the 10% of the fine amount already deposited by the petitioner as sufficient compliance; first appellate court directed to dispose of Crl.A.No.28/2024 within two months from 23.06.2025; all rival contentions kept open. ¶45

Hazira Begum, Vs K U Krishnakumar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:21663 CRL.P No. 2450 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2450 OF 2024 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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HAZIRA BEGUM, W/O MOHAMMED GAFFAR, AGED ABOUT 50 YEARS, R/AT BELAGODU VILLAGE AND HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT – 573 127.

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…PETITIONER

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(BY SRI. KALYAN R, ADVOCATE)

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AND:

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K U KRISHNAKUMAR S/O LATE K M UTHAIAH, AGED ABOUT 46 YEARS, KRC CIRCLE, SHANIVARASANTHE TOWN, SOMWARPETE TALUK, KODAGU DISTRICT – 571 236.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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…RESPONDENT

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(BY SRI. SRINIVAS V, ADVOCATE)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.02.2024 IN CRL.A.NO.28/2024 ON AN INTERLOCUTORY APPLICATION FILED U/S 389(1) OF CR.P.C. ONLY IN SO FAR AS IMPOSITION OF DEPOSIT OF 20% OF THE FINE AMOUNT PASSED BY THE I ADDITIONAL SESSIONS JUDGE, KODAGU, MADIKERI DISTRICT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:21663 CRL.P No. 2450 of 2024

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HC-KAR

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the petitioner – appellant in Crl.A.No.28/2024 is directed against the impugned order dated 22.02.2024 on the file of I Addl.District and Sessions Judge, Kodagu, Madikeri, whereby the 1^st appellate court allowed the application filed by the petitioner – appellant under Section 389 Cr.P.C. and the order of conviction and sentence imposed by the trial court in C.C.No.266/2018 dated 17.01.2024 was suspended, subject to the petitioner depositing 20% of the fine amount before the trial court. Aggrieved by which, the petitioner is before this Court by way of the present petition.

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When the matter came up before this Court, the following interim order was passed:-

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Tag this petition along with Crl.P.Nos.2470/2024 and 2395/2024.

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Learned counsel for the petitioner submits that interim orders passed in the aforesaid petitions directing the petitioner to deposit 10% of the fine amount has been complied with by the petitioner and necessary proof in this regard would be submitted by the next date of hearing.

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Learned counsel for the respondents in all the three petitions jointly submit that the interim orders passed by this Court have not been complied with and the petitioner has

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3 - NC: 2025:KHC:21663 CRL.P No. 2450 of 2024

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HC-KAR

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not deposited 10% of the fine amount as directed by this Court.

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Re-list on 20.06.2025 at 2:30 p.m.

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It is made clear that in the event the petitioner has not complied with the interim orders passed by this Court and has not deposited 10% of the fine amount, the interim orders will stand vacated automatically. Interim order granted earlier, is extended till the next date of hearing.”

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As per the aforesaid interim order passed by this Court,

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the petitioner was directed to deposit 10% of the fine amount imposed by the trial court, which has been complied with by her during the pendency of the present petition.

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Learned counsel for the petitioner and learned counsel for the respondent jointly submit that the aforesaid appeal is posted before the 1^st appellate court on 23.06.2025 and appellate court may be directed to dispose of the appeal on merits and in accordance with law as expeditiously as possible. The said joint submission is placed on record.

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In view of the aforesaid facts and circumstances and the

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joint submissions of both sides, the impugned order deserves to be

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NC: 2025:KHC:21663 CRL.P No. 2450 of 2024

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HC-KAR

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modified and the present petition deserves to be disposed of by

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issuing certain directions.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby disposed of.

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(ii) The impugned order dated 22.02.2024 passed in

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Crl.A.No.28/2024 stands modified by treating 10% of the fine amount already deposited by the petitioner is sufficient compliance of the impugned order passed by the trial court.

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(iii) The 1^st appellate court shall dispose of Crl.A.No.28/2024

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within a period of two months from 23.06.2025.

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(iv) All rival contentions on all aspects of the matter are kept

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open and no opinion is expressed on the same.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

Hazira Begum, v. K U Krishnakumar

Case brief

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Hazira Begum, v. K U Krishnakumar

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