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2026 DAILYLAW 28442 (KAR)

SRI SRINATH H.R v. SRI MAHENDRA M

CRL.P/8120/2019 · 2026-07-10

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35269 CRL.P No. 8120 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 8120 OF 2019 BETWEEN: SRI. SRINATH H.R AGED ABOUT 46 YEARS, S/O. LATE H.S. RAMCHANDRA MURTHY, R/AT NO. 24, 1ST CROSS, 1ST FLOOR, KHB COLONY, 1ST PHASE, BASAVESHWARANAGAR, BENGALURU - 560 079. ALSO AVAILABLE AT NO.11, 2ND MAIN ROAD MEENAKSHI NAGAR KAMAKSHIPALYA BENGALURU - 560 079 ALSO HAVING OFFIE AT GURU HVAC SR. M.C. MODI HOSPITAL ROAD WEST OF CHORD ROAD MAHALAKSHMIPURAM NEXT TO PRESTINE HOSPITAL BENGALURU - 560 086. …PETITIONER (BY SRI. ANIL BABU, ADVOCATE (ABSENT)) AND: SRI. MAHENDRA M S/O. MARAPPA, AGED ABOUT 41 YEARS, R/AT NO. 14/2, 8TH A CROSS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35269 CRL.P No. 8120 of 2019 BANDAPPA STREET, YESHWANTHAPURA, BENGALURU - 560 022. …RESPONDENT (BY SRI. SRINIVASA REDDY, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 31.10.2019 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60) IN CRL.A.NO.2013/2018 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER None appears for petitioner. Even on previous occasion, there was no representation. 2. Challenging order dated 31.10.2019 passed by LIX Addl. City Civil & Sessions Judge, Bengaluru City (CCH-60) in Crl.A.no.2013/2018 on an application filed under Section 389(1) of Cr.P.C., this Petition is filed. 3. On 16.10.2019, non-bailable warrant on account of non-compliance with fine levy warrant was issued against petitioner. This Court on 27.11.2019 had granted interim order of stay (extended till 09.12.2019) on noting that amount of - 3 - HC-KAR NC: 2026:KHC:35269 CRL.P No. 8120 of 2019 Rs.25,00,000/- was payable in pursuance of a settlement between parties and trial Court had convicted petitioner. 4. In appeal an application was filed under Section 389(1) of Cr.P.C. wherein, Appellate Court passed impugned order on 26.09.2019 for deposit of 30% of fine amount. Subsequently, on applications filed for extension impugned order is passed granting extension of further 15 days on noticing that order dated 26.09.2019 requiring deposit of 30% of fine amount was not challenged. Under above circumstances, interim order granted herein would have effect of further extension and there would be no good grounds to interfere with order impugned either in case petitioner has availed benefit of interim order and deposited amount or failed to deposit amount. Reasons assigned by Appellate Court on application filed under Section 389(1) of Cr.P.C. appear justified. With above observation, Petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 1