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2026 DAILYLAW 40445 (KAR)

DINESH KOTIAN v. LATHISH

CRL.P/7092/2026 · 2026-09-10

Anant Ramanath Hegde

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010337082026 NC: 2026:KHC:49343 CRL.P No. 7092 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 7092 OF 2026 BETWEEN: DINESH KOTIAN, S/O B C SUVARNA, AGED ABOUT 53 YEARS, R/A 2-129, GUDDALU HOUSE, PUCCHAMOGARU VILLAGE, SIDDAKATTE POST, BANTWAL TALUK, D.K DISTRICT - 574237. …PETITIONER (BY SRI ROHAN S, ADVOCATE FOR SRI. BALAKRISHNA M R.,ADVOCATE) AND: LATHISH, S/O LATE VITTAL POOJARY, AGED ABOUT 52 YEARS, R/A NO.4-35, KINNIBETTU HOUSE, TENKA YEDAPADAU VILLAGE, SHIBRIKERE POST, MANGALORE TALUK, D.K DISTRICT - 574144 …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET- ASIDE THE CONDITION OF DEPOSIT OF 20% OF RS.15,05,000/-IMPOSED BY THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, MANGALURU. D.K DISTRICT VIDE ITS ORDER DATED 13.02.2026 IN CRL.A.NO.95/2026. Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010337082026 NC: 2026:KHC:49343 CRL.P No. 7092 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed challenging the order dated 13.02.2026 passed by the Sessions Court wherein, the Sessions Court has granted a conditional stay order directing the petitioner to deposit 20% of the cheque amount. 2. Learned counsel for the petitioner would submit that the trial is concluded in a hurried manner without affording sufficient opportunity. Just because the petitioner/accused was not present when the case was listed for his evidence, the case is posted on next day for arguments taking the evidence of the petitioner as closed and thereafter, the case is heard and the petitioner is convicted. These are the contentions to be raised at the time of hearing, in the pending appeal. No ground is made out to interfere with the order directing 20% deposit. 3. The amount to be deposited shall be kept in any nationalized Bank for a period of one year with auto renewal mandate. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010337082026 NC: 2026:KHC:49343 CRL.P No. 7092 of 2026 4. It is made clear that this Court has not expressed on the merits of the pending appeal. 5. Petition dismissed. (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 28 Digitally Signed by ANANT RAMNATH HEGDE