Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18351 CRL.P No. 6668 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6668 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
MR. MAHESH S, AGED ABOUT 37 YEARS, SON OF SRI. SIDDE GOWDA, R/AT. NO 143/1, GROUND FLOOR GEM RESIDENCY, 17TH CROSS, 18TH MAIN, J.P. NAGAR, 5TH PHASE, BENGALURU-560 070. …PETITIONER (BY SRI. RAGHUNATHA K., ADVOCATE) AND:
MR. LAKSHMIPATHY H.R., S/O LATE. RAJANNA, AGED ABOUT 38 YEARS, R/AT NO.356, EAST POINT COLLEGE, HIRANDAHALLI, VIRGONAGAR POST, BENGALURU-560 049. …RESPONDENT
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO A. SET ASIDE THE ANNEXURE A THAT IS IMPUGNED
ORDER DATED 08.04.2025 PASSED IN CRL.A.NO.87/2024 PASSED BY THE LEARNED VI ADDL.
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, B.
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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NC: 2025:KHC:18351 CRL.P No. 6668 of 2025
QUASH THE FURTHER PROCEEDINGS AGAINST THE PETITIONER IN CRL.A.NO.87/2024 PENDING ON THE FILE LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL BY CONSIDERING THE ANNEXURE-B JOINT MEMO DATED 30.01.2025.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL ORDER
1. Heard on I.A No.1/2025 as well as on main.
2. The learned counsel for the petitioner has filed this application seeking to grant stay of further proceedings in Crl.A No.87/2024 pending on the file of VI Addl. District and Sessions Judge, Bengaluru Rural, including the execution of warrant.
3. Perused the averments of the affidavit filed along with the application. It indicates that the petitioner herein had preferred an appeal before the Appellate Court. The Appellate Court vide its order dated 21.12.2024 suspended the sentence with a direction to deposit 20% of
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NC: 2025:KHC:18351 CRL.P No. 6668 of 2025
the fine amount before the Trial Court within next date of hearing. The next date was fixed on 30.01.2025. However, the said
order has not been complied. Therefore, on 08.04.2025, the Appellate Court passed an
order which would indicate that the interim order granted by the same Court would become inoperative.
4. The learned counsel for the petitioner prays to revive the said order and also prays to extend the time to deposit 20% of the fine amount within a period of four weeks.
5. Having considered the averments of the affidavit and also facts and circumstances of the case, it is appropriate to extend the time, by a period of four weeks, to deposit 20% of the fine amount, as ordered by the Appellate Court. Accordingly, I.A.No.1/2025 is allowed. Consequently, further proceedings relating to the case has to be quashed.
6. Accordingly, I proceed to pass the following:
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NC: 2025:KHC:18351 CRL.P No. 6668 of 2025
ORDER i) The Criminal Petition is allowed. ii) The order dated 08.04.2025 passed in Crl.A No.87/2024 passed by VI Addl. District Judge, Bengaluru Rural is set aside. iii) The further proceedings in Crl.A No.87/2024 pending on the file of VI Addl. District and Sessions Judge, Bengaluru Rural is quashed. iv) The petitioner is directed to deposit the 20% of the fine amount, as ordered by the Appellate Court, within a period of four weeks from today, failing which, the order of the this Court stands nullified automatically.
Sd/- (S RACHAIAH) JUDGE
VS/UN List No.: 2 Sl No.: 41