K.V. MAHADEVAPPA, S/O VEERAPPA Vs. STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) HEARD learned Counsel for Appellant and Sri. Vijay Kumar Majage, teamed HCGP.

(2.) IT is seen that the trial Court has forfeited bond of Rs. 30,000/ - and warrant is issued against the accused and the Appellant who is surety to accused in S.C. No. 218/2009 pending before the Prl. District and Sessions Judge, Mysore.

(3.) ON 27.9.2010 accused was absent and exemption petition was fifed and the same was allowed. On. 5.10.2010 and 20.10.2010 accused remained absent. On 30.10.2010 accused was still absent before the Court and surety bond of accused was forfeited. It is further seen from the order sheet that accused has surrendered before the Court on 8.12.2010 and accused has been remanded to custody. His application for bail has been rejected, Under the circumstances, the amount of forfeited bond of Rs. 30,000/ - is on the higher side. Hence, I am of the view that a sum of Rs. 500/ -would be just and proper penalty to be imposed on the surety since the accused remained absent only twice and the accused surrendered immediately on the surety coming to know of the same.