SITAWWA @ SHANKREWWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) With the consent of both counsels the matter is heard on merits.

(2.) I.A.Ii/2016 is filed for condonation of delay in preferring the appeal. Accepting the grounds urged in the affidavit filed in support of the application, the delay of 239 days in preferring the appeal is hereby condoned. Accordingly, I.A.II/2016 is allowed.

(3.) There is no dispute that the appellant stood as a surety for the appearance of her son who is accused in Special (POCSO) Case No.19/2014 on the file of II-Addl. Dist. & Sessions and Spl. Judge, Vijaypur, for the various offences including POCSO Act. The accused in the said case remained absent. In spite of issuing NBW his presence could not be secured. The Court has issued notice to the surety i.e. to the appellant and thereafter the surety bond executed by the appellant for a sum of Rs.50,000/- was forfeited and thereafter a Misc.Case was registered in Misc.Case No.461/2015. It appears the appellant has made an application for remission of the bond amount so as to enable her to deposit the amount. The Trial Court vide order dated 23.09.2015 has rejected her prayer and directed her to deposit the entire bond amount within 15 days. Being aggrieved by the same, the present appeal is preferred.