Sri Maheshwarappa vs State Of Karnataka
2022 Latest Caselaw 2603 Kant

                               1


   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                         BEFORE

    THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

             CRIMINAL APPEAL No.546/2011

BETWEEN:

SRI. MAHESHWARAPPA S/O MAHALINGAPPA
AGED ABOUT 58 YEARS
R/A VADAVIGERE VILLAGE
KASABA HOBLI, CHANNAGIRI TALUK
SHIMOGA DISTRICT
                                            ....APPELLANT
(BY SRI. S.A. KHADRI, ADVOCATE(ABSENT))

AND:

STATE OF KARNATAKA
BY ITS STATION HEAD OFFICER
NTPS BHADRAVATHI
SHIMOGA DISTRICT
                                           ...RESPONDENT
(BY SRI. SHANKAR H.S., HCGP)

     THIS APPEAL IS FILED UNDER SECTION 449 OF CR.P.C.
PRAYING TO SET ASIDE THE ORDER DT:08.02.2011 PASSED BY
THE P.O., FTC, BHADRAVATHI IN S.C. NO.69/07 BY ALLOWING
THE ABOVE CRIMINAL APPEAL.

    THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                2


                       JUDGMENT

Learned HCGP is present. Learned counsel for the

appellant is absent.

2. This appeal is filed under Section 449 of Cr.P.C.

in respect of application filed by the appellant for remission

of surety amount, came to be rejected. The said order is

being challenged. Even after 11 years the appellant/surety

is not prepared to appear before the Court to advance the

arguments. Further it is only in respect of remission of the

surety amount. On 13.01.2022, peremptory order came to

be passed.

3. Considering the conduct of the appellant, the

appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

NS