Karnataka High Court

Sri.G .K. Narasimhamurthy vs State Of Karnataka on 25 February, 2022

Bench: K.Natarajan

                           1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL PETITION         No.1670/2022
                    C/w.
       CRIMINAL PETITION         No.1671/2022
       CRIMINAL PETITION         No.1672/2022
       CRIMINAL PETITION         No.1673/2022
       CRIMINAL PETITION         No.1674/2022
       CRIMINAL PETITION         No.1675/2022
       CRIMINAL PETITION         No.1667/2022
       CRIMINAL PETITION         No.1668/2022
       CRIMINAL PETITION         No.1669/2022

IN CRL.P.NO.1670/2022

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,
                             2


Mandya -571 401.
Represented by the
State Public Prosecutor,
Bengalur - 560 005.
                                            ...Respondent

(By Sri.B.J.Rohith, 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 Honourable II Additional District and Sessions Judge, Mandya in Crl.A.No.40/2021 as far as it relates to the condition to deposit the fine amount.

IN CRL.P.NO.1671/2022

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, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, HCGP)

This Criminal Petition is filed under Section 482 of 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.89/2021 as far as it relates to the condition to deposit the fine amount.

IN CRL.P.NO.1672/2022

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)

AND:

State of Karnataka, By Mandya West Police Station, Mandya -571 401.

Represented by the State Public Prosecutor, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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 Honble II Additional District and Sessions Judge, Mandya in Crl.A.No.153/2021 as far as it relates to the conditions to deposit the fine amount.

IN CRL.P.NO.1673/2022

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)

AND:

State of Karnataka, By Mandya West Police Station, Mandya -571 401.

Represented by the State Public Prosecutor, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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.126/2021 as far as it relates to the condition to deposit the fine amount.

IN CRL.P.NO.1674/2022

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)

AND:

State of Karnataka, By Mandya West Police Station, Mandya -571 401.

Represented by the State Public Prosecutor, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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 Honble II Additional District and Sessions Judge, Mandya in Crl.A.No.151/2021 as far as it relates to the conditions to deposit the fine amount.

IN CRL.P.NO.1675/2022

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)

AND:

State of Karnataka, By Mandya West Police Station, Mandya -571 401.

Represented by the State Public Prosecutor, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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.161/2021 as far as it relates to the condition to deposit the fine amount.

IN CRL.P.NO.1667/2022

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, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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 Honble II Additional District and Sessions Judge, Mandya in Crl.A.No.43/2021 as far as it relates to the conditions to deposit the fine amount.

IN CRL.P.NO.1668/2022

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, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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 Honble II Additional District and Sessions Judge, Mandya in Crl.A.No.71/2021 as far as it relates to the conditions to deposit the fine amount.

IN CRL.P.NO.1669/2022

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, Bengalur - 560 005.

...Respondent (By Sri.B.J.Rohith, 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 Honble II Additional District and Sessions Judge, Mandya in Crl.A.No.42/2021 as far as it relates to the conditions to deposit the fine amount.

These Criminal Petitions coming on for Orders, this day, the court made the following:

ORDER

Learned HCGP takes notice for respondent -

State.

2. Office objections are over-ruled in Crl.P.

Nos.1670/2022, 1671/2022, 1672/2022, 1673/2022,

1674/2022, 1675/2022.

3. These petitions are filed by the accused

under Section 482 of Cr.P.C. for quashing the

impugned order dated 11.12.2021 passed by the II

Additional District and Sessions Judge, Mandya on the

appeals filed by the appellants on the I.A. under

Section 389 of Cr.P.C.

4. Heard the learned counsel for the petitioners

and the learned High Court Government Pleader for

respondent.

5. The case of the petitioners is that they are

the accused, who faced the trial before the Magistrate

and found guilty and convicted and sentenced for the

offences punishable under Sections 465, 467, 468,

471, 266, 420 and 402 read with Section 34 of IPC.

6. Being aggrieved by the judgment of

conviction and order of sentence passed by the trial

Court, they filed appeals before the Sessions Judge

along with I.A. under Section 389 of Cr.P.C. for

suspending the sentence and to release them on bail.

But the First Appellate Court without suspending the

sentence, stayed the sentence until further orders and

imposed condition to deposit entire fine amount, which

is under challenge in these petitions.

7. This Court in connected matter has allowed

the petitions filed by the co-accused persons and some

of the petitioners and ordered to deposit 25% of the

fine amount by suspending the sentence and released

the petitioners on bail. In view of the connected

matters, these petitioners are also entitled for the

same relief on the ground of parity. Accordingly, these

petitions are allowed.

8. The impugned order of the First Appellate

Court and the application filed by the petitioners under

Section 389 of Cr.P.C. is hereby set aside and modified

as under:

1. The applications filed by the petitioners are

allowed.

2. The order of sentence passed by the trial

Court, challenged in these petitions are hereby

suspended until further orders, subject to the following

conditions:

i) Petitioners shall be released on bail by executing personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each with a surety for likesum to the satisfaction of the Magistrate;