C Mahesh Kumar vs The State Of Karnataka
2022 Latest Caselaw 12252 Kant

    IN THE HIGH COU RT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30 T H DAY OF SEPTEMBER, 2022

                          BEFORE

   THE HON'BLE MR. JUSTICE SREE NIVAS HARISH KUMAR

            CRIMINAL APPEAL NO.431 OF 2022

BETWEEN:

C.Mahesh Kumar
S/o Late Chikkaiah
Aged about 53 years
R/at No.601-H Block
World Trade Centre
Behind Columbia Asia Hospital
Rajajinagar, Bengaluru-560 010
                                                ...Appellant
(By Sri M.S.Shyam Sundar, Senior Counsel for
      Smt. Vandana P L, Advocate)

AND:

The State of Karnataka
By Cubbon Park Police Station
Bengaluru
Represented by the
Public Prosecutor
City Civil Court Building
Benglauru - 560 001
                                           ...Respondent
(By Sri K. Nageshwarappa, HCGP)

      This Criminal Appeal is filed under Section 449 of
Cr.P.C., praying to set aside the order dated 06.09.2019
passed in C.C.No.1390/2008 passed by the VIII ACMM,
Bengaluru and allow the appeal etc.
                                :: 2 ::


     This Criminal Appeal coming on for orders this day, the
Court delivered the following:

                           JUDGMENT

Heard Sri M.S.Shyam Sundar, learned Senior

Counsel for the appellant and the learned High Court

Government Pleader for respondent-State.

2. Delay can be condoned, but the appeal is

found to be not maintainable. The appellant has

challenged the order dated 09.12.2021 in Crl.RP

No.825/2019. It appears that the appellant questioned

the order of the Magistrate issuing proclamation and

forfeiting of the bail bond by preferring criminal revision

petition before the Sessions Court under Section 397 of

Cr.P.C. The Sessions Court has held that appeal should

have been preferred under Section 449 of Cr.P.C. I do

not find any infirmity in the order passed by the learned

Sessions Judge.

:: 3 ::

3. This appeal is preferred challenging the order

in a revision petition against which the appeal is not

maintainable. Sri M.S.Shyam Sundar, learned senior

counsel submits that if liberty is given to the appellant,

he will appear before the Magistrate and apply for bail.

4. Merely because proclamation is issued, it does

not mean that the appellant being accused cannot

appear and apply for bail. Certainly learned Magistrate

may enlarge the appellant/accused on bail. Hence the

appeal is dismissed. Liberty is given to the appellant to

appear before the Magistrate and apply for bail. If

application for bail is made, the same shall be considered

and disposed of at the earliest.

IA No.1/2022 for stay does not survive for

consideration. It stands disposed of accordingly.

Sd/-

JUDGE Kmv/-