G.V. SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to set aside the order dtd. 18/2/2021 passed in S.C.No.70/2018 by the III Additional District and Sessions Judge, Chikkballapura for the offence punishable under Sec. 302 of IPC.

(2.) The factual matrix of the case is that these petitioners had furnished the surety on behalf of the accused, who has been charge sheeted for the offence punishable under Sec. 302 of IPC. The accused failed to appear before the Court regularly and hence, notice was issued against the sureties also. In the meanwhile, due to Covid-19 pandemic situation, the matter was periodically adjourned. The notice was reissued to the sureties on 13/1/2021 asking the sureties to produce the accused before the Court. That on 30/1/2021, the accused was produced before the Court and then taken to the custody. Thereafter, when the accused was produced before the Court from the Judicial Custody on 18/2/2021, the sureties had also appeared before the Court and thus, they were directed to pay the bond amount of Rs.50,000.00 each. Hence, the said order has been challenged before this Court.

(3.) Having perused the records, no doubt, surety notice was issued against the petitioners herein and before service of notice, the accused was secured before the Trial Court on 30/1/2021 itself and there is no reference in the order sheet for having served the surety notice. However, it is noticed that on the next date of hearing, when the accused was in the judicial custody and produced before the Court, the sureties voluntarily appeared before the Court. Without forfeiting the surety bond, the Court below directed the petitioners to pay the bond amount of Rs.50,000.00 each.