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2025 DAILYLAW 28169 (KAR)

SRI ANIL S v. SRI D M NAGARAJU

CRL.P/6360/2024 · 2025-06-13

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20405 CRL.P No. 6360 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6360 OF 2024 BETWEEN: SRI ANIL S S/O SHIVANNA, RESIDING AT NO.13, AGED ABOUT 39 YEARS, NEAR RAMANAHALLI BUS STOP, RAMANAHALLI, BIDADI HOBLI, RAMANAGARA TALUK, URAGAPURA-562 109. …PETITIONER (BY SRI. SHRIDHARA K, ADVOCATE) AND: SRI D M NAGARAJU S/O LATE MUNISWAMAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.14/3, 8TH CROSS, HMT MAIN ROAD, GOKULA EXTENSION, BENGALURU-560 054 …RESPONDENT (BY SRI. VIJAY SIMHA M.D, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 03.05.2024 IN CRL.A.NO.726/2024 ON THE FILE OF LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-59) IN RESPECT OF DEPOSIT OF 20% AMOUNT OUT OF TOTAL FINE AMOUNT IMPOSED BY THE TRIAL COURT IN C.C.NO.34198/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20405 CRL.P No. 6360 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the appellant in Crl.A.No.726/2024 is directed against the impugned order dated 03.05.2024, whereby the Appellate Court suspended the sentence passed by the 12th ACMM Court, Bengaluru in C.C.No.34198/2022 dated 03.04.2024 subject to the petitioner-appellant depositing 20% of the total fine amount imposed by the trial Court within a period of two months from the date of the order. 2. It is an undisputed fact that the petitioner has not deposited any portion of aforesaid 20% of fine amount, which comes to Rs.15 lakhs, even till today and there is an interim order passed in the present petition. 3. Learned counsel for both sides jointly submit that since the appeal is posted before the First Appellate Court on 23.06.2025, the appellant may be directed to deposit Rs.7,50,000/- on or before 23.06.2025 and the First Appellate Court may be directed to dispose of the appeal within two months from 23.06.2025 on merits and in accordance with law. - 3 - HC-KAR NC: 2025:KHC:20405 CRL.P No. 6360 of 2024 4. In view of the aforesaid facts and circumstances and joint submissions made by both sides, on instructions, I deem it just and appropriate to dispose of this petition by modifying the impugned order. 5. Accordingly, I proceed to pass the following: ORDER i) Criminal petition is disposed of by modifying the impugned order dated 03.05.2024 passed in Crl.A.No.726/2024 by directing the appellant to deposit Rs.7,50,000/- before the First Appellate Court on or before 23.06.2025. ii) The First Appellate Court shall dispose of the appeal within two months from 23.06.2025 on merits and in accordance with law. iii) All rival contentions on aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 9