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2025 DAILYLAW 25031 (KAR)

PARMESH M v. HEMANTH KUMAR L

CRL.P/4665/2024 · 2025-06-30

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23142 CRL.P No. 4665 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4665 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: PARMESH M., S/O MAHADEVA, AGED ABOUT 43 YEARS, RA/T NO. 31, B BLOCK 4TH MAIN, 6TH CROSS, NANJAPPA CIRCLE, GURUDARSHAN LAYOUT, VIDYARANYAPURA, BANGALORE – 560 097 …PETITIONER (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: HEMANTH KUMAR L., S/O LAKSHMINARASHIMAMURTHY, AGED ABOUT 34 YEARS, R/AT NO. 38, 4TH MAIN, NEW LAYOUT, BYATARAYANAPURA, BANGALORE – 560 097 …RESPONDENT (BY SRI. PRASANNA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER PASSED BY THE 72ND ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-73) IN CRL.A.NO.25012/2023 DATED 03.06.2023 AND 02.05.2024 AND PERMIT THE PETITIONER TO DEPOSIT THE 20% OF THE CHEQUE AMOUNT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23142 CRL.P No. 4665 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the appellant in Crl.A.No.25012/2023 is directed against the impugned order dated 03.06.2023 and 02.05.2024 passed by the 72nd Additional City Civil and Sessions Judge, Bengaluru, declining to grant permission to the petitioner/appellant to deposit 20% of the fine amount as directed in the order dated 17.01.2023. 2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that the impugned order may be set aside and the petitioner may be directed to deposit 20% of the fine amount within a period of four weeks from today and immediately upon such receipt, the Sessions Court may be directed to dispose of the appeal as expeditiously as possible. 3. The aforesaid submission is placed on record. 4. In the result, I proceed to pass the following: ORDER i) The petition is hereby disposed of. - 3 - HC-KAR NC: 2025:KHC:23142 CRL.P No. 4665 of 2024 ii) The impugned orders dated 03.06.2023 and 02.05.2024 passed in Crl.A.No.25012/2023 on the file of 72nd Additional City Civil and Sessions Judge, Bengaluru are hereby set aside. iii) Petitioner is granted a period of four weeks from today to deposit 20% of the fine amount as directed by the Trial Court in C.C.No.52335/2022. iv) Immediately upon such receipt, Sessions Court is directed to dispose of the appeal within a period of three months from the date of such deposit. v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 9