BHIMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this appeal filed under Sec. 449(ii) of Code of Criminal Procedure, (for short " Cr.P.C ") appellant who has stood as surety to accused in S.C. No.17/2012, has challenged the order dtd. 20/12/2012 by which his bond for a sum of Rs.1,00,000.00 is forfeited and he was directed to pay penalty of Rs.1,00,000.00 and also the property bearing No.93A/1 is attached.

(2.) Brief facts leading to this appeal are that appellant stood as surety to the accused by name Vinod T. Naidu, who was charged with the offence punishable under Sec. 306 of IPC in S.C. No.17/2012 on the file of II Additional Sessions Judge, Belagavi. After framing charge and fixing the date of trial, from 8/11/2017 accused remained absent and as such the trial Court cancelled his bail and issued notice to the appellant calling upon him to show cause as to his surety bond shall not be forfeited to the State and he be directed to pay the penalty.

(3.) In pursuance to the service of notice, though appellant appeared before the trial Court and sought time to produce the accused, he failed to do so. Therefore, vide order dtd. 20/12/2012 his surety bond came to be forfeited and he was directed to pay penalty. Further vide order dtd. 1/2/2013 the property No.93A/1 which was offered by way of security for compliance with the conditions of the surety bond executed by him came to be attached.