- 1 - HC-KAR NC: 2025:KHC:40649 CRL.A No. 631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 631 OF 2025 (449(Cr.PC) / 495(BNSS)) BETWEEN: 1. MARAIAH S/ O ERAIAH, AGED ABOUT 72 YEARS, R/AT BULLANDODDI VILLAGE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 445. 2. RAMAKRISHNA S/O LATE SUBBAIAH, AGED ABOUT 55 YEARS, R/AT K HONNALAGERE VILLAGE, KABBAREHOBLI, MADDUR, MANDYA DISTRICT-571 445. …APPELLANTS (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: STATE OF KARNATAKA STATE BY ANEKAL POLICE STATION, BENGALURU RURAL DISTRICT REP. BY SPP, HIGH COURT KARNATAKA BANGALORE -01. …RESPONDENT (BY MS. ASMA KAUSER, ADDL SPP.) THIS CRL.A. IS FILED U/S.449 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 23.12.2024 PASSED IN CRL.MISC.NO.2021/2024 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC III BENGALURU RURAL BENGALURU. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40649 CRL.A No. 631 of 2025 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal has preferred against the order passed on 23.12.2024 by the Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru in Crl.Misc No.2021/2024. 2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court. 3. It is the case of the appellants that the appellants have offered surety to the accused in S.C No.34/2023. The accused absconded and the bail bond was computed. A separate case is registered against the present appellants in Crl.Misc No.2021/2024, in which, the application was filed under section 446(3) of Cr.P.C on behalf of the appellants/sureties and the same was partly allowed by the trial Court. The Trial Court has imposed penalty of Rs.50,000/- each towards forfeiture of bail bond amount. - 3 - HC-KAR NC: 2025:KHC:40649 CRL.A No. 631 of 2025 4. The learned counsel for the appellants submits that the appellants are agriculturists. They are unable to pay the huge amount of Rs.50,000/- each and the victim has turned hostile in the main case. However, the accused is absconding in spite of best efforts, the appellant could not secure him. Hence, he seeks for reducing the penalty amount. 5. I have perused the materials placed before the Court. Sureties/Appellant Nos.1 and 2 are aged about 72 years is aged about 55 years, respectively. They are having land bearing Survey No.134 measuring 01 Gunta situated at Hallikerei village and land bearing Survey No.27/13 measuring 05 guntas situate at Kabbare village of Kasaba 1 Hobli, Maddur Taluk, Mandya District. It is submitted by the learned counsel for the appellants that except these lands the appellants have no source of income and other immovable properties. - 4 - HC-KAR NC: 2025:KHC:40649 CRL.A No. 631 of 2025 6. Considering the facts and circumstances of the case, the age of the appellants, their occupation and financial status of both appellants, I am of the opinion that, it is just and proper to reduce the penalty amount from Rs.50,000/- to Rs.30,000/- each. Accordingly, I proceed to pass the following. O R D E R i) Appeal is partly allowed; ii) The Order passed by the Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru dated 23rd December 2024 in Crl.Misc No.2021/2024 is modified; iii) Appellant Nos.1 and 2 are directed to pay penalty of Rs.30,000/- each towards the forfeiture of bail amount; iv) The appellants shall deposit the amount within four weeks; v) The trail Court after deposit of amount, is directed to recall the directions of Tahasildar Maddur, to enter encumbrances of Rs.30,000/- each in column No.11 of RTC - 5 - HC-KAR NC: 2025:KHC:40649 CRL.A No. 631 of 2025 of land bearing survey No.134 situated at Hallikerei and land bearing survey No.27/13 situated at Kabbare village, Kasba-1 Hobli, Maddur Taluk, Mandya District. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 71