Karnataka High Court
Sri G K Chandrashekar vs State Of Karnataka on 8 February, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.5545/2021
CONNECTED WITH
CRIMINAL PETITION No.7304/2021
IN CRIMINAL PETITION No.5545/2021
BETWEEN
1. SRI.G.K.CHANDRASHEKAR
S/O G K KRISHNAPPA
AGED ABOUT 65 YEARS
R/O 2ND CROSS BEHIND RAMAMANDIRA
NEHRU NAGAR
MANDYA - 571 401
2. SRI G K NARASIMHAMURTHY
S/O G K KRISHNAPPA
AGED ABOUT 57 YEARS
R/O. H.NO.31, KHB COLONY
R.T.O. OFFICE SIDE
SUBASH NAGAR
MANDYA - 571401. ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
AND
STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA - 571401
REP BY THE STATE
PUBLIC PROSECUTOR
BENGALURU - 560005. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ORDER DATED 13.05.2021
PASSED BY THE HONOURABLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.77/2021 AS FAR AS IT
RELATES TO THE CONDITION TO DEPOSIT THE FINE AMOUNT.
IN CRIMINAL PETITION No.7304/2021
BETWEEN
1. SRI.G.K.CHANDRASHEKAR
S/O G K KRISHNAPPA
AGED ABOUT 65 YEARS
R/O 2ND CROSS BEHIND RAMAMANDIRA
NEHRU NAGAR
MANDYA - 571 401
2. SRI G K NARASIMHAMURTHY
S/O G K KRISHNAPPA
AGED ABOUT 57 YEARS
R/O H NO 31, KHB COLONY
R.T.O. OFFICE SIDE
SUBASH NAGAR
MANDYA - 571401. ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
AND
STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA - 571401
REP BY THE STATE
PUBLIC PROSECUTOR
BENGALURU - 560005. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ORDER DATED 17.05.2021
PASSED BY THE HONOURABLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.148/2021 AS FAR AS
IT RELATES TO THE CONDITION TO DEPOSIT THE FINE
AMOUNT.
3
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Criminal Petition Nos.5545/2021 and
Crl.P.No.7304/2021 are filed by the petitioners under
Section 482 of Cr.P.C. for quashing the impugned order
passed by the II Additional District and Sessions Judge,
Mandya dated 13.05.2021 and 17.05.2021 having passed
the order by Sessions Judge under Section 389(1) of
Cr.P.C in C.C.Nos.1405/2009 and 998/2009 in
Crl.A.Nos.77/2021 and 148/2021.
2. Heard the arguments of learned counsel for
petitioners and learned High Court Government Pleader for
the respondent-State.
3. The case of the petitioner is that the
petitioners have faced the trial before the Magistrate in
C.C.Nos.1405/2009 and 998/2009 for the offences
punishable under Sections 465, 467, 468, 471, 166, 420,
409 read with Section 34 of IPC and found guilty and
convicted by the trial Court vide judgment dated
20.03.2021. Assailing the same, the petitioners have filed
appeals before the Sessions Judge in Crl.A.Nos.77/2021
and 148/2021, along with the appeals, I.A. has been filed
under Section 389(1) of Cr.P.C for suspension of sentence.
The First Appellate Court while considering the application,
stayed the sentence passed by the trial Court and directed
to deposit the entire fine amount which is under challenge.
4. Having heard the arguments and on perusal of
the records, this Court in the connected matters of these
petitioners have quashed the order and while modifying
the order passed by the First Appellate Court under
Section 389(1) of Cr.P.C, granted relief of depositing 25%
of the fine amount instead of 100%. Therefore, the same
relief shall be extended to these petitioners in these cases
also.
Accordingly, both the petitions are allowed.
5. The order passed by the First Appellate Court
dated 13.05.2021 and 17.05.2021 are hereby set aside
and modified as under:
The order of sentence passed by the trial Court is
hereby suspended until disposal of the appeals, subject to
the following condition:
The petitioner shall be released on bail on executing
personal bond for a sum of Rs.25,000/- with a surety for
the likesum and to deposit 25% of the fine amount
imposed by the trial Court within eight weeks from the
date of receipt of copy of this Order.
Sd/-
JUDGE
GBB
