CHANDRAPPA AND OTHER Vs. STATE BY PSI

JUDGEMENT

(1.) The appellants in this appeal have sought for setting aside the order dated 17.08.2018 in Crl. Misc. No.589/2018 passed by the learned III Additional District and Sessions Judge, Shivamogga (hereinafter referred to as the 'Sessions Judge' for the sake of brevity) wherein, the learned Sessions judge has rejected the application filed by the appellants herein under section 446(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr. P.C." for the sake of brevity).

(2.) Though this matter is listed in the admission list, with the consent from both side, the matter is taken up for final disposal.

(3.) It is the case of the appellants that they had extended their suretyship to one Govindaraju, who is accused No.4 in S.C. No. 72/2016, filed for the offence punishable under Section 302 of IPC. In that regard, they had executed surety bonds for a sum of Rs. 50,000/- and Rs. 1,00,000/-, respectively. Accused No.4 has remained absconded, as such, the surety proceedings has been initiated against them, under which, recovery of surety bond amount, their property is now ordered to be attached. Seeking remission of the surety amount, the appellants had made an application before the Sessions Judge in Crl. Misc. No. 589/2018 under section 446(3) of Cr. P.C., 1973 which application also came to be rejected by order dated 17.08.2018. It is the said order the appellants are challenging in this appeal.