- 1 - NC: 2025:KHC-D:1704 CRL.P No. 100404 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100404 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SAYYADBASHA S/O. DAVALSAB BILORI AGE. 68 YEARS, OCC. AGRICULTURE, R/O. HAVERI, TQ. HAVERI, DIST. HAVERI-581115. …PETITIONER (BY SRI. HARSHAWARDHAN M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA BY HAVERI TOWN POLICE, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CRIMINAL MISCELLANEOUS PROCEEDINGS PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI UNDER CRL.MISC NO.94/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 13:32:25 +0530 - 2 - NC: 2025:KHC-D:1704 CRL.P No. 100404 of 2025 ORAL ORDER 1. The petitioner stood as surety for accused No.4 in Spl. SC/ST No. 31/2020. As accused No.4 failed to appear before the trial Court as and when summoned, the trial Court proceeded to forfeit the surety bond executed by the petitioner. 2. The trial Court thereafter posted the matter for payment of the bond amount. The petitioner filed an appeal before this Court in Crl.A. No. 100421/2023, which was dismissed as not maintainable, with liberty reserved to file an application under Section 446(3) of the Cr.P.C. within 30 days from the date of the order. However, the petitioner filed the application after the expiry of 30 days. As the petitioner failed to pay the bond amount, the trial Court issued a fine levy warrant. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The petitioner had stood as surety for accused No.4, who has since been acquitted by the Special Court. The petitioner cannot be held liable to pay the bond amount when accused No.4, despite being absent from the proceedings, was subsequently acquitted. The petitioner submits that the delay in filing the application was due to his ill-health, as he is suffering from paralysis. Accordingly, I pass the following: - 3 - NC: 2025:KHC-D:1704 CRL.P No. 100404 of 2025 ORDER i) The petition is allowed. ii) The impugned proceedings in Crl.Misc.No.94/2023 pending on the file of learned I additional District and Sessions Judge and Special Judge, Haveri, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 8