Karnataka High Court
Ravi S/O Basappa Kayanagol vs Muttappa S/O Laxman Mang on 13 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10192
CRL.P No. 103315 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103315 OF 2022
(482(CR.PC)/528(BNSS))
BETWEEN:
RAVI S/O BASAPPA KAYANAGOL,
AGED ABOUT 36 YEARS, OCC. BUSINESS,
R/O. NEAR DURGA DEVI TEMPLE,
HUNNUR, TQ. JAMKHANDI,
DIST. BAGALKOT-587 119.
... PETITIONER
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
MUTTAPPA S/O LAXMAN MANG,
AGED ABOUT 47 YEARS, OCC. BUSINESS
R/O. CHANDRAGIRIPETH AMBEDKAR CIRCLE,
JAMKHANDI, TQ. JAMKHANDI,
DIST. BAGALKOT-587 301.
... RESPONDENT
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
RAKESH
S
HARIHAR THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
Digitally signed by
RAKESH S HARIHAR
Location: HIGHCOURT
PRAYING TO MODIFY THE IMPUGNED ORDER DATED 19.09.2022
OF KARNATAKA
DHARWAD BENCH
DHARWAD PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BAGALKOT TO SIT AT JAMKHANDI, IN CRL.A.NO.5027/2022, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:10192
CRL.P No. 103315 of 2022
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The petitioner is before this Court under Section
482 of Cr.P.C, with a prayer to modify the order dated
17.09.2022 passed by the Court of I Addl. District and Sessions
Judge, Bagalkot sitting at Jamakhandi in Crl.A.No.5027/2022.
2. The petitioner was convicted for the offence
punishable under Section 138 of Negotiable Instruments Act,
1881 in C.C.No.648/2018 vide the judgment and order of
conviction and sentence dated 08.02.2022. Challenging the
said judgment and order of conviction and sentence, the
petitioner had filed Crl.A.No.5027/2022 before the I Addl.
District and Sessions Judge, Bagalkot sitting at Jamakhandi and
in the said appeal vide the order impugned dated 17.09.2022
the order of sentence passed by the trial Court in
C.C.No.648/2018 was suspended subject to petitioner
executing a personal and security bond for a sum of Rs.5 lakhs
before the said Court and depositing a 50% of the total fine
amount before the said Court within a period three weeks from
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HC-KAR
the date of order. Aggrieved by the said order, the petitioner is
before this Court.
3. This Court on 07.11.2022 has granted interim order
subject to petitioner depositing a sum of Rs.1,00,000/- before
the appellate Court within a period of two weeks from the date
of the order.
4. Learned counsel for the petitioner has submitted
that amount of Rs.1,00,000/- as directed by this Court vide
order dated 07.11.2022 has been already deposited before the
appellate Court and the said submission is not seriously
disputed by the learned counsel for the respondent -
complainant. The petitioner had approached this Court assailing
the order dated 17.09.2022 vide which the order of sentence
passed by the trial Court was suspended subject to conditions.
The trial Court has sentenced to pay fine of Rs.4,05,000/- and
out of the said fine amount a sum of Rs.1,00,000/- is now
deposited by the petitioner before the appellate Court and
deposited amount is equivalent to 25% of fine amount. Under
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HC-KAR
these circumstances, I am of the opinion that, the prayer made
by the petitioner in this petition needs to be granted.
5. Accordingly, the following :-
ORDER
(i) Criminal petition is allowed.
(ii) The order dated 17.09.2022 passed by the
Court of I Addl. District and Sessions Judge,
Bagalkot sitting at Jamakhandi in
Crl.A.No.5027/2022 is modified to the extent
it relates to directing the petitioner to deposit
50% of total fine amount and in place the
petitioner is permitted to deposit a sum of
Rs.1,00,000/- (one lakh).
(iii) The appellate Court is directed to expedite
hearing of appeal and dispose of the same on
merits as expeditiously as possible, but not
later than a period of three months from the
date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
CT:BCK
