Karnataka High Court
CRL.A/1539/2026 of PAVITHRA C V Vs STATE BY on 15 September 2026
CNR: KAHC010630952026 NC: 2026:KHC:50075 CRL.A No. 1539 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1539 OF 2026 (449(Cr.PC) / 495(BNSS)) BETWEEN: 1. PAVITHRA C V W/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1539 OF 2026 (449(Cr.PC) /
495(BNSS))
BETWEEN:
1.
PAVITHRA C V
W/O SHIVASHANKARAPPA,
AGED ABOUT 33 YEARS,
RESIDING AT CHOWTAKUNTAHALLI,
KASABA HOBLI, GUDIBANDE TALUK,
CHICKKABALLAPUR, PIN CODE NO: 562160
…APPELLANT
(BY SRI. RAJU C N., ADVOCATE)
AND:
1.
STATE BY
TOWN POLICE GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA AT
BANGALORE. PINCODE 560001
…RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP.)
CRL.A FILED U/S 449 (CR.PC) /495 (BNSS) - U/S 449 BY
THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER PASSED BY THE 3RD ADDL. DISTRICT AND SESSIONS
JUDGE
CHIKKABALLAPURA
IN
S.C.NO.517/2022
DATED
05.11.2022
AND
ALLOW
THE
APPEAL
FILED
BY
THE
APPELLANTS.
THIS
APPEAL,
COMING
ON
FOR
HEARING
ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. The appellant has preferred this appeal to set aside the order dated 05.11.2022 passed in SC.No.517/2022 by the III Addl. District and Sessions Judge, Chikkaballapura (for short, 'the Trial Court').
2. That on 05.11.2022, a Trial Court has rejected the application filed under Section 446(3) of Cr.P.C. It is submitted by the learned counsel for the appellant that, in the same case, the Trial Court has reduced the bond amount and directed the legal representatives of respondent No.2 to remit of amount of Rs.40,000/- instead of Rs.1,00,000/-. He has produced the certified copy of the order sheet pertaining to Crl.Misc.No.517/2022 on the file of III Addl. District and Sessions Judge, Chikkaballapura.
3. In the case on hand, the appellant surety has executed a bond of Rs.1,00,000/-. Same was forfeited.
HC-KAR
Considering the order passed in Crl.Misc.No.517/2022 and the facts of this case, it is just and proper to reduce the amount from Rs.1,00,000/- to Rs.50,000/-. Accordingly, I proceed to pass the following:
O R D E R
(i) Appeal is partly allowed;
(ii) The order dated 05.11.2022 passed in SC.No.517/2022 by the III Addl. District and Sessions Judge, Chikkaballapura, is set aside;
(iii) The order passed to pay an amount of Rs.1,00,000/- is modified to the extent of Rs.50,000/-;
(iv) It is made clear that the appellant shall pay the amount of Rs.50,000/- towards bond amount, within two weeks.
All pending IAs if any, shall stand disposed of.
Sd/- (G BASAVARAJA) JUDGE DHA