D. SHIVANNA Vs. STATE

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 449(2) of Cr.P.C. seeking to set aside the order dated 11.12.2019 passed in SC No.50/2016 on the file of the XLV Addl. City Civil and Sessions Judge, Bengaluru.

(2.) I have heard the learned counsel appearing for the appellant and the learned HCGP appearing for the respondent-State.

(3.) The learned counsel appearing for the appellant submits that the appellant and another person by name Jayaram gave surety to Accused No.2 - Abbas, Accused No.3 - Raju B. Singhe and Accused No.4 - Santosh Bansode in connection with Crime No.342/2014 registered by Upparapete Police Station for the offences punishable under Section 370(A)(2) of IPC and Section 4 of ITP Act. He executed a bond for a sum of Rs.1,00,000/- on 18.11.2014. Thereafter, the case was committed to the trial court on 21.12.2015. The Hon'ble Sessions Court issued summons to the accused persons for their appearance before the court. On 26.02.2016, accused Nos.1 and 2 appeared and they were enlarged on bail by the learned Sessions Judge. A surety by name Shobha offered surety to the accused persons. Thereafter accused No.2 also did not appear before the trial court, hence, the learned Sessions Judge issued NBW against the accused persons and issued notice to the sureties on 08.11.2019. The appellant/surety holder appeared before the court and filed an application under Section 446(3) of Cr.PC. The learned Sessions Judge passed an order on 11.12.2019 imposing a penalty of Rs.50,000/- each in respect of the absconding accused Nos.2 and 3.