DEVENDRA; SAMAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the appeal filed by the sureties for accused No.1 in SC No.8/2014 before the Principal District & Sessions Judge, Dharwad, under Section 449 of Cr.P.C., requesting the Court to set aside the order passed by the learned Principal District and Sessions Judge, Dharwad in Crl. Misc. Petition No.100/2015 dated 30.03.2015.

(2.) Brief facts of the case, as pleaded in the petition before the trial Court are that, the appellants sought as the sureties to accused No.1 in SC No.8/2014 pending on the file of the Principal District and Sessions Judge, Dharwad as per the instructions from the relatives of accused No.1 and at that time the appellants herein executed the bail bonds for Rs.50,000/-. After getting bail from the Sessions Court, accused No.1 assured that he will regularly appear before the Court, but he remained absent and also he left his place and went to some where else. As sought, the petitioners issued notice by the trial Court and initiated proceedings by forfeiting surety bonds of the appellants as per the order passed in Crl. Misc. Petition No.100/2015. It is his further contention in the said criminal miscellaneous petition that, an application under Section 446(1) of Cr.P.C., was filed stating that they have spent huge amount in searching accused No.1 and as such, they are under financial crises. Therefore, they made a request to the trial Court to forfeit the surety bond amount. The trial Court passed an order on 30.03.2015 directing the respondents to pay penalty amount of Rs.45,000/- each. The respondents being poor agriculturist, unable to pay the said amount as directed by the trial Court and that one son of respondent No.1 is blind and respondent No.2 is suffering from heart problems and he has sold his agricultural property and now only house property is remaining. Therefore, the trial Court issued FLW against the properties of the appellants. Being aggrieved by the same, the appellants are before this Court.

(3.) Heard the learned counsel appearing for the appellants-sureties and also the learned HCGP for the respondent-State.