Karnataka High Court
Shrimanth S/O Bhimanna Mudukanna vs The State And Anr on 4 February, 2022
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL APPEAL NO.200009/2022
BETWEEN
SHRIMANTH S/O BHIMANNA MUDUKANNA
AGE: 46 YEARS, OCC: COOLIE,
R/O DEVAL GANGAPUR, TQ: AFZALPUR,
DIST: KALABURAGI 585301
...APPELLANT
(BY SRI SANTOSH PATIL, ADVOCATE)
AND
1. THE STATE THROUGH
DEVAL GANAGAPUR POLICE
STATION, TQ. AFZALPUR,
DIST: KALABURAGI
(REPRESENTED BY ADDL. STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT KALABURAGI 585105)
2. DATTATRAYA S/O YALLAPPA HOSAMANI
AGE: 37 YEARS, OCC. COOLIE,
R/O DEVAL GANGAPUR,
TQ. AFZALPUR, DIST: KALABURAGI
...RESPONDENTS
(BY SRI GURURAJ V. HASHILAR, HCGP FOR R1;
R2 SERVED)
2
THIS CRL.A IS FILED U/SEC. 14A(2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE ORDER DATED 23.12.2021 IN
CRL.MISC.NO.2297/2021 REJECTING THE BAIL PETITION
FILED BY THE APPELLANT U/SEC. 439 OF CR.P.C AND BE
PLEASED TO RELEASE THE APPELLANT ON BAIL IN CRIME
NO.21/2017 (F.I.R. NO.27/2017) OF DEVAL GANAGAPUR
POLICE, TQ.AFZALPUR, DIST.KALABURAGI, IN SPL.CASE
SC/ST NO.23/2017, PENDING ON THE FILE OF II ADDL.
SESSIONS JUDGE KALABURAGI, FOR THE OFFENCES
PUNISHABLE U/SEC. 143, 147, 323, 341, 504, 506, R/W
SEC. 149 OF I.P.C. AND U/SEC.3(I)(X), OF SC/ST P.A ACT,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this matter is listed for admission, with the
consent of learned counsel for parties, it is taken up for
final disposal.
2. Heard the learned counsel for the appellant
and the learned High Court Government Pleader for the
first respondent - State. Perused the records.
3. The present appeal is filed by accused No.4 in
Special Case SC/ST No.23/2017 on the file of the II
Additional Sessions Judge at Kalaburagi.
4. It is contended that the appellant/accused
No.4 was granted bail earlier and since he failed to appear
before the Court, non bailable warrant was issued and
personal bond and surety was forfeited. Subsequent
thereto, the appellant herein appeared before the Trial
Court with a condition that Rs.5,000/- bond of the
appellant and Rs.5,000/- surety was to be paid within 24
hours and if not paid, he would sent to judicial custody.
The appellant is now in judicial custody having not
complied with the order of the Court.
5. The learned counsel for the appellant submits
that the appellant is ready to comply with the order, but,
within 24 hours, he could not arrange the said sum of
Rs.5,000/- for himself and Rs.5,000/- for the surety and
therefore, he is in judicial custody and this Court may take
lenient view and grant time till 21.02.2022.
6. Per contra, the learned High Court Government
Pleader contended that the appellant has misused the bail
conditions and he remained absent and only after issuing
non bailable warrant, the appellant appeared before the
Court and trial Court thus rightly passed the forfeiture of
the bond amount, which was also not complied by the
appellant and therefore, he is in custody. Therefore,
sought for dismissal of the appeal.
7. Taking note of the above facts and keeping the
submission made by the learned counsel for the appellant
on record, the appeal is allowed by passing the following:
ORDER
The appeal is allowed.
The order dated 23.12.2021 passed in
Crl.Misc.No.2297/2021 is modified and the
appellant/accused No.4 is ordered to be enlarged on bail
on payment of forfeited bond amount of Rs.5,000/- from
the appellant and Rs.5,000/- from the surety on or before
21.02.2022.
On production of payment of the bond amount and
surety amount, the trial Court shall issue release order.
Sd/-
JUDGE
Srt
