Karnataka High Court
Sri Ravikumar vs State Of Karnataka on 16 January, 2023
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.11791 OF 2022
BETWEEN
SRI RAVIKUMAR
S/O DODDIAH
AGED ABOUT 52 YEARS
R/AT SEENAPPANAHALLI
D S PALYA POST
HEBBUR
TUMKUR-572120. ...PETITIONER
(BY SRI. ADINARAYANAPPA, ADVOCATE)
AND
STATE OF KARNATAKA
BY THIRUMANI P.S.
PAVAGADA TALUK
TUMKUR DISTRICT
REPT BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560001. ...RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO i)
QUASH THE IMPUGNED ORDER PASSED ON DATED 03.09.2022,
PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE
(FTSC-1), TUMAKURU IN SPL.C.NO.379/2018 WHICH IS
PRODUCED AT ANNEXURE-A. ii) CONSEQUENTLY, DISCHARGE
THE PETITIONER FROM THE SURETY SHIP OF THE ACCUSED BY
NAME BALAKRISHNA @ BALU IN SPL.C.NO.379/2018, PENDING
ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE
(FTSC-1), TUMAKURU AND GRANT COST OF THIS PETITION.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. for
quashing the order of the trial Court passed under Section
446(3) of Cr.P.C. directing the petitioner to deposit a sum
of Rs.50,000/- as penalty instead of the bond amount of
Rs.2,00,000/-.
2. Heard learned counsel appearing for the parties.
3. The case of petitioner is that the petitioner was
the surety to the accused in Spl.C. No.379/2018 for the
offence punishable under Section 366A of IPC and Section
4 of POCSO Act. The accused therein was directed to be
released on bail on executing the bond of Rs.2,00,000/-
with two sureties to the likesum. The present petitioner
offered surety to the said accused. Later, the accused was
released and he is absconding. Notice was issued to
surety and bond was forfeited. Therefore, the petitioner
approached the trial Court for remission of the bond
amount by filing an application under Section 446(3) of
Cr.P.C. The trial Court after hearing the parties, vide its
order dated 03.09.2022 allowed the application in part and
reduced the bond amount from Rs.2,00,000/- to
Rs.50,000/-, which is under challenge in this petition.
4. Having heard the learned counsel for the parties,
perused the records.
5. Of course, the learned counsel for the petitioner
has relied upon the judgment of the Hon'ble Supreme
Court in the case of MOHAMMED KUNJU AND ANOTHER
Vs. STATE OF KARNATAKA reported in AIR 2000 SC 6
and also the judgment of the Coordinate Bench of this
Court in the case of MANJAPPA Vs. STATE OF
KARNATAKA and another (Criminal Revision Petition
No.270/2015 decided on 22.03.2016).
6. The Hon'ble Supreme Court in Mohammed
Kunju's case (supra) has considered the facts and
circumstances of the case and has reduced the bond
amount from Rs.25,000/- to Rs.5,000/- i.e. 1/5th of the
bond amount to be payable to the Government as penalty.
7. In Manjappa's case (supra), the Coordinate Bench
of this Court has reduced the bond amount from
Rs.25,000/- to Rs.3,000/-. But on perusal of paragraph 7
of the order of the Coordinate Bench of this Court in the
aforesaid case would indicate that the accused was
subsequently secured and he was attending the Court
regularly and accordingly, the penalty was ordered to be
reduced.
8. In the present case, the accused is still
absconding. Therefore, the trial Court has reduced the
bond amount from Rs.2,00,000/- to Rs.50,000/-. Such
being the case, the penalty amount is to be reduced at
least 1/5th of the bond amount as per judgment of the
Hon'ble Supreme Court in Mohammed Kunju's case
(supra).
9. Accordingly, the criminal petition is allowed in
part.
The order of the trial Court dated 03.09.2022 is
modified directing the petitioner to deposit Rs.40,000/- i.e.
20% of Rs.2,00,000/- (1/5th of bond amount) within one
week from the date of receipt of copy of this order.
Sd/-
JUDGE
Cs
