ABDUL HAKEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 449(ii) of Criminal Procedure Code, 1973 (Cr.P.C.) being aggrieved by the order dated 02.02.2017 passed in Crl. Misc. No. 1285/2016 on the file of the Principal District and Sessions Judge, Dakshina Kannada whereby, the Trial Court forfeited the bond of the appellants and directed them to pay Rs. 50,000/- each and also issued sale warrant through the Tahsildar, Bantwal.

(2.) Heard the arguments of Sri B. Lethif, learned counsel for the appellants and Sri Honnappa, learned High Court Government Pleader for the respondent-State and perused the order impugned under challenge.

(3.) The case of the appellants is that in SC No. 26/2015, they offered sureties for the release of accused No. 3 on bail by executing bond for Rs. 50,000/- each. Subsequently, accused No. 3 remained absent and therefore, a non-boilable warrant came to be issued. In spite of the same, presence of accused No. 3 could not be secured. Hence, bail bond of the accused as well as the sureties bond (both the appellants) were forfeited by the Trial Court and ordered to split up the case against accused No. 3 thereby, SC No. 185/2016 came to be registered and Crl. Misc. No. 1285/2016 was also registered against these appellants for recovery of bond amount and notice was issued against these appellants, but they remained absent. Therefore, the Trial Court forfeited the bond of the appellants on 02.02.2017, which reads as under: