- 1 - HC-KAR CNR: KAHC010334582026 NC: 2026:KHC:38876 CRL.P No. 7121 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7121 OF 2026 BETWEEN: SRI HARSHA S/O JAYARAM, AGED ABOUT 38 YEARS, RESIDING AT NO.27, 11TH MAIN ROAD, GAJENDRA NAGAR, MUNESHWARANAGARA, BENGALURU – 560 026. …PETITIONER (BY SRI MOHANKUMARA D., ADVOCATE) AND: SMT.MAMATHA P., W/O LATE P. SRINIVAS, AGED ABOUT 38 YEARS, RESIDING AT NO.14, 16TH MAIN, AGS EXTENSION, AREHALLI, BENGALURU – 560 061. …RESPONDENT THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO A) SET ASIDE THE ORDER DATED 09.12.2025 PASSED BY THE LEARNED XII ASCJ AND ACJM, BANGALORE, IN Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010334582026 NC: 2026:KHC:38876 CRL.P No. 7121 of 2026 C.C. NO.6498/2023, WHEREBY FINE LEVY WARRANT [FLW] AND NON-BAILABLE WARRANT [NBW] CAME TO BE ISSUED AGAINST THE PETITIONER; B) SET ASIDE THE ORDER DATED 29.09.2025 PASSED BY THE LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRIMINAL APPEAL NO. 624 OF 2025, WHEREBY THE ORDER OF SUSPENSION OF SENTENCE GRANTED IN FAVOR OF PETITIONER STOOD VACATED FOR NON-COMPLIANCE OF THE CONDITION IMPOSED THEREIN, AND CONSEQUENTLY RESTORE THE EARLIER ORDER DATED 15.04.2025 PASSED IN CRL.A NO.624 OF 2025 SUSPENDING THE SENTENCE IMPOSED AGAINST THE PETITIONER PENDING DISPOSAL OF THE APPEAL, BY PERMITTING THE PETITIONER TO DEPOSIT 20% OF THE FINE AMOUNT BEFORE THE TRIAL COURT; C) TO ENLARGE THE PETITIONER ON BAIL AND DIRECT HIS RELEASE FROM JUDICIAL CUSTODY PENDING DISPOSAL OF THE APPEAL, SUBJECT TO SUCH TERMS AND CONDITIONS AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER TO IMPOSE IN FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayer: “a) Set aside the order dated 09.12.2025 passed by the Learned XII ASCJ and ACJM, Bangalore, in C.C. No.6498/2023, whereby Fine Levy Warrant [FLW] and Non-Bailable Warrant [NBW] came to be issued against the Petitioner. b) Set aside the order dated 29.09.2025 passed by the Learned LXVI Addl. City Civil and Sessions Judge, Bangalore in Criminal Appeal No. 624 of 2025, whereby the order - 3 - HC-KAR CNR: KAHC010334582026 NC: 2026:KHC:38876 CRL.P No. 7121 of 2026 of suspension of sentence granted in favor of Petitioner stood vacated for non- compliance of the condition imposed therein, and consequently restore the earlier order dated 15.04.2025 passed in Crl.A No.624 of 2025 suspending the sentence imposed against the Petitioner pending disposal of the appeal, by permitting the Petitioner to deposit 20% of the fine amount before the Trial Court. c) To enlarge the Petitioner on bail and direct his release from judicial custody pending disposal of the appeal, subject to such terms and conditions as this Hon'ble Court may deem fit and proper to impose in facts and circumstances of the case. d) Pass such other order/s as this Hon'ble Court may deem fit, proper, and necessary under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Sri Mohankumara D., learned counsel for petitioner. Notice to the respondent is not issued. 3. The petitioner gets convicted of an offence under Section 138 of the Negotiable Instruments Act in C.C.No.6498/2023. The said conviction is challenged before the appellate Court in Criminal Appeal No.624/2025. The appellate Court suspends the sentence subject to the condition that the petitioner would deposit 20% of the fine amount. The said condition is not adhered to within the time prescribed. - 4 - HC-KAR CNR: KAHC010334582026 NC: 2026:KHC:38876 CRL.P No. 7121 of 2026 Therefore, a fine levy warrant and a non-bailable warrant are issued against the petitioner and the petitioner is now in custody. 4. Learned counsel for the petitioner submits that the demand draft of the amount of 20% of the fine amount is deposited before the concerned Court. 5. Solely on the said submission of the learned counsel for petitioner, that the deposit of 20% of the fine amount is made before the concerned Court, I deem it appropriate to direct the Prison Authorities to release the petitioner. 6. For the aforesaid reasons, the following: ORDER a. The criminal petition is allowed. b. The order dated 09.12.2025, passed by the XII Additional SCJ and ACJM, Bengaluru in C.C.No.6498/2023, stands quashed. c. The order dated 29.09.2025, passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru, in Crl.Appeal No.624/2025, stands quashed. - 5 - HC-KAR CNR: KAHC010334582026 NC: 2026:KHC:38876 CRL.P No. 7121 of 2026 d. Consequently, the order dated 15.04.2025, LXVI Additional City Civil and Sessions Judge, Bengaluru, in Crl.Appeal No.624/2025, stands restored. e. The petitioner shall forthwith be released from judicial custody. f. The concerned Court shall verify, whether the deposit is appropriate made and in the event, the said deposit is not made before the concerned Court, the concerned Court shall pass necessary orders in accordance with law. g. The Registry is directed to communicate this order to the Prison Authorities by way of electronic communication. Ordered accordingly. Hand delivery of the order is permitted. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 80