Karnataka High Court

Sri. G.K. Chandrashekar vs State Of Karnataka on 24 February, 2022

Bench: K.Natarajan

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION No.1531/2022
                   CONNECTED WITH
            CRIMINAL PETITION No.1533/2022
            CRIMINAL PETITION No.1539/2022
            CRIMINAL PETITION No.1542/2022
            CRIMINAL PETITION No.1543/2022
            CRIMINAL PETITION No.1553/2022
            CRIMINAL PETITION No.1561/2022
            CRIMINAL PETITION No.1595/2022
            CRIMINAL PETITION No.1597/2022
            CRIMINAL PETITION No.1639/2022

IN CRIMINAL PETITION No.1531/2022

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
     RTO OFFICE SIDE
     SUBASH NAGAR
     MANDYA - 571 401
                                        ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
                            2


AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
BENGALURU - 560 005.                    ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 22.04.2021
PASSED BY THE HONOURABLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.182/2021 AS FAR AS
IT RELATES TO THE CONDITION TO DEPOSIT THE FINE
AMOUNT.

IN CRIMINAL PETITION No.1533/2022

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
      RTO OFFICE SIDE
      SUBASH NAGAR
      MANDYA - 571 401
                                        ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
                            3


AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
BENGALURU - 560 005.                    ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF 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.150/2021 AS FAR AS
IT RELATES TO THE CONDITION TO DEPOSIT THE FINE
AMOUNT.

IN CRIMINAL PETITION No.1539/2022

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
      RTO OFFICE SIDE
      SUBASH NAGAR
      MANDYA - 571 401
                                        ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
                             4


AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
BENGALURU 560 005.                      ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 22.04.2021
PASSED BY THE HONOURABLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.174/2021 AS FAR AS
IT RELATES TO THE CONDITION TO DEPOSIT THE FINE
AMOUNT.

IN CRIMINAL PETITION No.1542/2022

BETWEEN

SRI. G.K. NARASIMHAMURTHY
S/O G K KRISHNAPPA
AGED ABOUT 57 YEARS
R/O H NO 31, KHB COLONY
RTO OFFICE SIDE
SUBASH NAGAR
MANDYA - 571 401.                        ... PETITIONER

(BY SRI K.L. SREENIVAS, ADVOCATE)

AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA - 571 401
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
BENGALURU - 560 005.                   ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)
                             5


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 11.05.2021
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE,
MANDYA IN CRL.A.NO.67/2021 AS FAR AS IT RELATES TO THE
CONDITION TO DEPOSIT THE FINE AMOUNT.

IN CRIMINAL PETITION No.1543/2022

BETWEEN

SRI. G.K. NARASIMHAMURTHY
S/O G K KRISHNAPPA
AGED ABOUT 57 YEARS
R/O H NO 31, KHB COLONY
RTO OFFICE SIDE
SUBASH NAGAR
MANDYA 571401.                       ... PETITIONER

(BY SRI K.L. SREENIVAS, ADVOCATE)

AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571401
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
BENGALURU 560005                     ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 11.05.2021
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE,
MANDYA IN CRL.A.NO.68/2021 AS FAR AS IT RELATES TO THE
CONDITION TO DEPOSIT THE FINE AMOUNT.

IN CRIMINAL PETITION No.1553/2022

BETWEEN

SRI. G.K. NARASIMHAMURTHY
S/O G K KRISHNAPPA
                            6


AGED ABOUT 57 YEARS
R/O H NO 31, KHB COLONY
RTO OFFICE SIDE
SUBASH NAGAR
MANDYA 571401.                            ... PETITIONER

(BY SRI K.L. SREENIVAS, ADVOCATE)

AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571401
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
BENGALURU - 560 005.                    ... 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 HONBLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.152/2021 AS FAR AS
IT RELATES TO THE CONDITIONS TO DEPOSIT THE FINE
AMOUNT.

IN CRIMINAL PETITION No.1561/2022

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
                            7


      RTO OFFICE SIDE
      SUBASH NAGAR
      MANDYA - 571 401
                                         ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)

AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
BENGALURU 560 005
                                       ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ORDER DATED 13.05.2021
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE,
MANDYA IN CRL.A.NO.109/2021 AS FAR AS IT RELATES TO THE
CONDITION TO DEPOSIT THE FINE AMOUNT.

IN CRIMINAL PETITION No.1595/2022

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
      RTO OFFICE SIDE
      SUBASH NAGAR
      MANDYA - 571 401
                                         ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
                            8


AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
BENGALURU 560 005.                    ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ORDER DATED 13.05.2021
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, MANDYA IN CRL.A.NO.84/2021 AS FAR AS IT RELATES
TO THE CONDITION TO DEPOSIT THE FINE AMOUNT.

IN CRIMINAL PETITION No.1597/2022

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
      RTO OFFICE SIDE
      SUBASH NAGAR
      MANDYA - 571 401
                                         ... PETITIONERS
(BY SRI K.L. SREENIVAS, ADVOCATE)
                             9


AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
BENGALURU 560 005.                      ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 22.04.2021
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, MANDYA IN CRL.A.NO.188/2021 AS FAR AS IT RELATES
TO THE CONDITION TO DEPOSIT THE FINE AMOUNT.

IN CRIMINAL PETITION No.1639/2022

BETWEEN

SRI. G.K. NARASIMHAMURHTY
S/O G K KRISHNAPPA
AGED ABOUT 57 YEARS
R/O H.NO.31, KHB COLONY
RTO OFFICE SIDE,
SUBASH NAGAR
MANDYA - 571 401.                     ... PETITIONER

(BY SRI K.L. SREENIVAS, ADVOCATE)

AND

STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA 571 401
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
BENGALURU - 560 005.                  ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)
                             10


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 11.05.2021
PASSED BY THE HONBLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRL.A.NO.69/2021 AS FAR AS IT
RELATES TO THE CONDITIONS TO DEPOSIT THE FINE AMOUNT.

     THESE   CRIMINAL    PETITIONS COMING   ON    FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Learned High Court Government Pleader accepts

notice for the respondent-State in all the connected cases.

2. These Criminal Petitions are filed by the

petitioners-accused persons under Section 482 of Cr.P.C.

challenging the order passed by the II Additional District

and Sessions Judge, Mandya on the application filed by the

petitioners under Section 389(1) of Cr.P.C. for suspending

the sentence whereby the First Appellate Court has stayed

the order of sentence passed by the Trial Court and

directed the petitioners to deposit the entire fine amount

within a period of six weeks from the date of order passed

by the First Appellate Court and the respective C.C.

Numbers and Criminal Appeals Numbers are mentioned

below:

Date of Order Criminal Sl. passed by Petition Name of the Petitioner/s C.C.Nos. Crl.A.Nos.

No.                                                                                 the II
           Nos.
                                                                                   AD&SJ,
                                                                                   Mandya
1      1531/2022     1.G K Chandrashekar        1404/2009        182/2021        2204-2021
                     2.G K Narasimhamurthy
2      1533/2022     1.G K Chandrashekar        1409/2009        150/2021        17-5-2021
                     2.G K Narasimhamurthy
3      1539/2022     1.G K Chandrashekar        1286/2009        174/2021        22-04-2021
                     2.G K Narasimhamurthy
4      1542/2022     G K Narasimhamurthy        1166/2009        67/2021         11-05-2021

5      1543/2022     G K Narasimhamurthy        729/2009         68/2021         17-05-2021

6      1553/2022     G K Narasimhamurthy        809/2009         152/2021        17-05-2021

7      1561/2022     1.G K Chandrashekar        826/2009         109/2021        13-05-2021
                     2.G K Narasimhamurth


8      1595/2022     1.G K Chandrashekar        1410/2009        84/2021         13-05-2021
                     2.G K Narasimhamurthy
9      1597/2022     1.G K Chandrashekar        783/2009         188/2021        22-04-2021
                     2.G K Narasimhamurthy
10     1639/2022     G K Narasimhamurthy        1280/2009        69/2021         17-5-2021




           3.       The   case   of   the   petitioners     is    that     the

petitioners have faced the trial before the Magistrate and

they found guilty and convicted for the offences punishable

under Sections 465, 467, 468, 471, 166, 420 read with

Section 34 of IPC. Aggrieved by the judgment of conviction

and sentence, the petitioners approached the Sessions

Judge by filing the above said appeals. They have also filed

an interlocutory applications under Section 389(1) of

Cr.P.C for suspending the sentence to release them on

bail. The First Appellate Court instead of suspending the

sentence has stayed the sentence and ordered to pay the

entire fine amount imposed by the trial Court within six

weeks which is under challenge.

4. Having heard the arguments and on perusal of

the records, of course, the First Appellate Court is required

to suspend the sentence and release the petitioners on bail

but without doing so has stayed the sentence and ordered

to deposit the entire fine amount which is not correct. This

Court in connected matters which belong to the same

petitioners have modified the order of the II Additional

District and Sessions Judge, Mandya. Therefore, these

petitioners are also entitled for the same relief in these

cases.

5. Accordingly, all the petitions are allowed.

6. The order of the First Appellate Court in

Crl.A.Nos.182/2021, 150/2021, 174/2021, 67/2021,

68/2021, 152/2021, 109/2021, 84/2021, 188/2021 and

69/2021 on the applications under Section 389(1) of

Cr.P.C. are hereby set aside and modified as under:

The applications filed by the petitioners are hereby

allowed.

The order of sentence passed by the trial Court is

hereby suspended until further orders subject to the

following condition:

The petitioners shall be released on bail on executing personal bond for a sum of Rs.25,000/- each with a surety for the likesum and to deposit 25% of the fine amount imposed by the trial Court in each case within a period of eight weeks from the date of receipt of the copy of these orders.