- 1 - HC-KAR NC: 2026:KHC:20309 CRL.P No. 2030 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2030 OF 2026 (482(Cr.PC)/528(BNSS) BETWEEN: HAZIRA BEGUM W/O MOHAMMED GAFFAR, AGED ABOUT 52 YEARS, R/AT BELAGODU VILLAGE AND HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT – 573 127 …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: SRI SUBRAMANYA H. A. S/O APPAIAH, AGED ABOUT 47 YEARS, DODDAMALTHE VILLAGE, SOMWARPETE TALUK, KODAGU DISTRICT – 571 201 …RESPONDENT (BY SRI. V. SRINIVAS, ADVOCATE) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE ORDER DATED 03/01/2026 ON AN APPLICATION FILED U/S 430(1) OF BNSS IN CRIMINAL APPEAL NO.142/2025, ONLY IN SO FAR AS IMPOSITION OF DEPOSIT 20% OF THE FINE AMOUNT, PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS COURT, KODAGU, MADIKERI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20309 CRL.P No. 2030 of 2026 ORAL ORDER This petition is filed by the petitioner seeking setting aside of the impugned order dated 03.01.2026 passed by the Principal District and Sessions Court at Kodagu, Madikeri (hereinafter referred to as ‘the First Appellate Court’ for short) in Criminal Appeal No.142/2025 insofar as it relates to imposition of deposit of 20% of the fine amount by the First Appellate Court for the purpose of suspending the sentence imposed on the petitioner by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the earlier round of litigation, this Court had directed 10% of the fine amount, which had already been deposited by the petitioner, who is the appellant before the First Appellate Court. It is also a matter of record and undisputed fact that the appeal is posted before the First Appellate Court on 24.04.2026. 4. Under these circumstances, though several contentions have been urged by both sides in support of their - 3 - HC-KAR NC: 2026:KHC:20309 CRL.P No. 2030 of 2026 respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by modifying the impugned order dated 03.01.2026 by directing the 10% deposited by the petitioner before the trial Court to be reckoned/considered as the amount for the purpose of suspension of the judgment and conviction of the trial Court and with a direction to the First Appellate Court to dispose of the appeal as expeditiously as possible. 5. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 03.01.2026 passed in Crl.A.No.142/2025 by the Principal District and Sessions Court at Kodagu, Madikeri, is hereby modified. iii) The amount of 10% already deposited by the petitioner before the trial Court shall be directed as the amount for the purpose of staying and suspending the judgment of conviction and sentence passed by the trial Court. - 4 - HC-KAR NC: 2026:KHC:20309 CRL.P No. 2030 of 2026 iv) The First Appellate Court is directed to dispose of the appeal on merits within a period of two months from 24.04.2026. v) The said amount of 10% would be subject to the final outcome of the appeal. vi) It is further directed that in the event the appeal filed by the petitioner is dismissed, the trial Court shall disburse/release the amount deposited by the petitioner in favour of the respondent - complainant immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 0