NAGENDRA Vs. STATE

JUDGEMENT

(1.) This appeal is filed under Section 449 of Cr.P.C., praying to set aside the order dated 02.11.2018 passed in Criminal Misc.No.74/2018 by the II Additional District and Sessions Judge, Kalaburagi. Heard the learned counsel for the appellant and the learned High Court Government Pleader.

(2.) The appellant herein offered surety for the release of accused No.3 in Special Case No.51/2015. He executed a surety bond and offered his immovable property by way of security. During trial, accused No.3 jumped bail. The Trial Court having failed to secure accused No.3, issued notice to the present appellant to keep accused No.3 present in terms of the surety bond. The appellant failed to keep accused No.3 present before the Court. As a result, the bond amount of Rs.50,000/- was forfeited and the appellant was directed to pay the said bond amount of Rs.50,000/-. The appellant having failed to offer any satisfactory explanation for not paying the amount, the Trial Court vide order dated 02.11.2018, committed the appellant to civil imprisonment for a period of six months.

(3.) The learned counsel for the appellant submits that the appellant is a poor agriculturist and is unable to pay the entire bond amount of Rs.50,000/-. Further, he submits that accused No.3 was arrested on 28.02.2018 and he has been remanded to judicial custody. Under the said circumstance, there is genuine reason to remit the fine amount imposed by the Trial Court.