LAWS(KAR)-2023-7-1601

SIDDAIAH H. S. Vs. STATE OF KARNATAKA

Decided On July 20, 2023
Siddaiah H. S. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant - surety No.1 Under Sec. 449 of Cr.P.C against the order dtd. 12/12/2022 passed on an application filed under Sec. 446(2) of the Code of Criminal Procedure by the Prl. District & Sessions Judge, Tumakuru (hereinafter referred to as 'Sessions Court') in Spl.Case No.15/2021 seeking remission of the surety bond amount.

(2.) Heard the learned counsel for the appellant and learned High Court Government Pleader for the State.

(3.) The case of the appellant - surety No.1 is that the accused No.1 is said to have involved in the criminal case punishable under the Narcotic-Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). When the accused No.1 was in jail he has been granted bail by the Court and the appellant herein had offered surety to accused No.1 and thereby the accused No.1 was released on bail. Subsequently the accused No.1 remained absent for trial and absconded. Even though NBW has been issued accused No.1 could not be secured. Therefore, notice has been issued to the appellant - surety and the surety also tried to secure the presence of accused No.1. Hence, the appellant - surety No.1 filed an application under Sec. 446(2) of the Code of Criminal Procedure before the Sessions Court seeking for remission of the bond amount. The Sessions Court dismissed the same and aggrieved by it the appellant - surety No.1 is before this Court.