- 1 - HC-KAR NC: 2025:KHC:40469 CRL.A No. 2035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2035 OF 2025 (449(Cr.PC) / 495(BNSS)) BETWEEN: K T YOGESH C/O THIMMACHARI, AGED ABOUT 44 YEARS, R/AT WARD NO 16, ADLI MANE ROAD, SHIVAJYOTHI KALYANA MANTAPA, SHANTHINAGAR, HASSAN TALUK, HASSAN DISTRICT-01. …APPELLANT (BY SRI. PRATHEEP.K.C., ADVOCATE) AND: STATE OF KARNATAKA STATE BY SAKALESHPURA POLICE REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. …RESPONDENT (BY SRI. M.R. PATIL, HCGP.) THIS CRL.A IS FILED U/S 449 CR.PC (FILED U/S 495 OF BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.03.2025 PASSED BY ADDL. DISTRICT JUDGE FTSC-I IN CRL. MISC NO.1235/2024 AND CONSEQUENTLY ALLOW THE APPLICATION FILED U/S 446(3) OF CRPC. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40469 CRL.A No. 2035 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT In view of submissions of both the learned Counsel appearing for the parties, the appeal is taken up for final disposal. 2. Appellant has preferred this appeal against the order 28th March, 2025 passed by Additional District and Sessions Judge, FTSC-1, Hassan on the Application filed by the appellant under Section 446(3) of Code of Criminal Procedure in Criminal Misc. No.1235 of 2024, praying to permit him to deposit portion of surety bond amount. 3. Sri Pratheep K.C., learned Counsel appearing for the appellant would submit that the trial Court has dismissed the application without proper reasons. The appellant is a poor farmer, and is holding only 0.20.8 guntas of land in survey No.213/C of Kabballi village, Hirisave Hobli, Channarayapatna Taluk, Hassan District and except this land, he is not having any other property and is solely depending upon the said land for his livelihood. The bond is for Rs.2,00,000/-. The appellant is - 3 - HC-KAR NC: 2025:KHC:40469 CRL.A No. 2035 of 2025 unable to pay the said amount. Though the appellant has taken steps to secure the accused, he could not secure him. However, appellant is ready to pay the portion of the bond amount and penalty. On all these grounds, it is sought to allow the appeal. 4. At paragraph 12 of the impugned order, the trial Court has observed that offence is punishable under Sections 363 and 376 of Indian Penal Code and under Section 6 of POCSO Act. At paragraph 16 of the Order, the trial Court has observed that, the appellant who is respondent therein, is in the habit of offering surety to accused in so many cases. The trial Court has also observed that the appellant stood as surety to the accused in four cases. It is submitted by the learned Counsel for the appellant that two cases are already closed and only two cases are pending. Considering the nature and gravity of offence, as also, the financial status of the Appellant and also considering the fact that the appellant is an agriculturist, it is just and proper to impose penalty of Rs.50,000/- in lieu of Rs.2,00,000/- imposed by the trial Court. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:40469 CRL.A No. 2035 of 2025 O R D E R i) Appeal is partly allowed; ii) Consequently, IA filed by the appellant under Section 446(3) of Code of Criminal Procedure is partly allowed; iii) Appellant shall pay the amount of Rs.50,000/- instead of Rs.2,00,000/- bond amount to the State within four weeks from today; iv) Send copy of this judgment to the trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 25