- 1 - NC: 2025:KHC-D:2884 CRL.P No. 100509 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100509 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. DODDAPPA S/O. KANIVE THIMAPPA AGE. 49 YEARS, OCC. CONTRACTOR, R/O. 6TH WARD, DODDAMMA GUDI, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 2. SRI. MAHANTESHA S /O. VENKATESHA AGE. 29 YEARS, OCC. AGRICULTURE, R/O. 8TH WARD, HARGINADONI ROAD, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 3. SRI. SHANKRA S/O. SUNKAPPA AGE. 34 YEARS, OCC. LABOURER, R/O. 8TH WARD, NEAR HOSABHAVI, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 4. SRI. LENIN S/O. KUMARAPPA AGE. 40 YEARS, OCC. PRIVATE JOB, R/O. 16TH WARD, AMBEDKAR COLONY, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 5. SRI. CHANDRA S/O. RANGAPPA AGE. 40 YEARS, OCC. AGRICULTURE, R/O. 16TH WARD, AMBEDKAR COLONY, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:23 +0530 - 2 - NC: 2025:KHC-D:2884 CRL.P No. 100509 of 2025 6. SRI. MALLIKARJUNA S/O. JATTEPPA AGE. 34 YEARS, OCC. AGRICULTURE, R/O. 16TH WARD, AMBEDKAR COLONY, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 7. SRI. SOMU AGE. 34 YEARS, OCC. LABOURER, R/O. 16TH WARD, AMBEDKAR COLONY, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 8. SRI. BUDAGUPPA RAMAIAH S/O. THIPPNNA AGE. 75 YEARS, OCC. AGRICULTURE, R/O. 15TH WARD, INDIRA NAGAR, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 9. SRI. AUTO VEERESH S/O. MOKANARAYANA SWAMY, AGE. 39 YEARS, OCC. DRIVER, R/O. 15TH WARD, INDIRA NAGAR, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 10. SRI. KANAKERI AKASH S/O. BHIMAYYA AGE. 27 YEARS, OCC. STUDENT, R/O. 8TH WARD, NEAR MAREMMA TEMPLE, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. 11. SRI. GUNTURU RAMANJINI S/O. MARIBHIMAPPA AGE. 75 YEARS, OCC. AGRICULTURE, R/O. HALLI KATTE STREET, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. - 3 - NC: 2025:KHC-D:2884 CRL.P No. 100509 of 2025 12. SRI. NADUVI ERANNA S/O. PAMPA AGE. 39 YEARS, OCC. LABOUR, R/O. 15TH WARD, INDIRA NAGAR, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. …PETITIONERS (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KUDATHINI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD, BENCH AT DHARWAD. 2. SRI. MAREPPA, S/O. RAMANNA AGE. 44 YEARS, OCC. AGRICULTURE, R/O. 8TH WARD, NEAR GANESH TEMPLE, KUDATHINI VILLAGE-583115, TQ. AND DIST. BALLARI. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO SET ASIDE THE ORDER DATED 21.10.2024 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI IN SPL. CASE NO.34/2022 REGISTERED FOR THE ALLEGED OFFENCES P/U/SEC. 143, 147, 148, 323, 324, 504 AND 506(2) R/W SEC. 149 OF IPC AND SEC. 3(2)(v-a) 3(1)(r) AND 3(1)(s) OF SC AND ST (POA) ACT, MARKED AT ANNEXURE-A IN SO FAR AS PETITIONER/ACCUSED NO. 1, 6, 8, 15, 17, 18, 19, 24, 26, 27, 28 AND 29 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 4 - NC: 2025:KHC-D:2884 CRL.P No. 100509 of 2025 ORAL ORDER 1. Sri Ashok T. Kattimani, learned Additional Government Advocate, accepts notice for respondent No.1 – State. 2. Service of notice to respondent No.2 is dispensed with. 3. The petitioners/accused were enlarged on bail in Crime No.149/2021, registered for offences punishable under Sections 143, 147, 148, 149, 323, 324, 504, and 506(2) read with Section 149 of the Indian Penal Code, 1860, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. One of the conditions imposed on them was that they shall appear before the Trial Court as and when summoned. However, their failure to appear prompted the Trial Court to forfeit their bail bonds by order dated 21.10.2024. Aggrieved by the said order, the petitioners/accused are before this Court. 4. The petitioners contend that the said order is not legally sustainable, on the grounds that an application was filed seeking exemption from appearance before the Trial Court and that no opportunity was granted before the forfeiture of bail bonds. 5. The High Court of Himachal Pradesh, in Sunita v. State of Himachal Pradesh [Cr. Appeal No.189 of 2023, disposed of on 21.03.2024], while interpreting Section 446 of the Code of Criminal Procedure, 1973 (Cr.P.C.), has held that before canceling the surety bonds, the Trial Court is required to issue a show cause notice to the accused, calling upon them to explain why the surety bonds furnished should not be forfeited to the State. If the - 5 - NC: 2025:KHC-D:2884 CRL.P No. 100509 of 2025 explanation is not found satisfactory, or if the accused fails to appear or provide a satisfactory reply to the show cause notice, then another show cause notice is required to be issued before imposing a penalty, as the imposition of a penalty has serious consequences. 6. In the present case, before forfeiting the bail bond, the Trial Court did not provide the petitioners with an opportunity to furnish an explanation. Therefore, the impugned order passed by the Trial Court is contrary to the provisions of Section 446 of Cr.P.C. 7. Accordingly, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned order dated 21.10.2024 passed in Spl. Case No.34/2022 pending on the file of the I Additional District & Sessions Judge, Ballari, is hereby set aside. iii) The learned Sessions Court to pass appropriate orders in accordance with law after providing an opportunity to the petitioner. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS/ Ct:vh