IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6926/2017 BETWEEN:
1. PRASANNA S/O SUBRMANYA AGED ABOUT 21 YEARS R/AT #102/C2, 2ND ROAD NEELAMANA TALKIES BACK SIDE ANANTHAPURA DISTRICT ANDRA PRADESHA STATE PIN - 515 001.
2. MOHAN S/O RAJAPPA AGED ABOUT 24 YEARS R/AT KALAYANADURGA BYPASS ROAD, ANANTHAPURA DISTRICT, ANDRA PRADESHA STATE, PIN - 515 001.
(BY SRI. M. SHASHIDHARA., ADVOCATE) AND:
STATE OF KARNATAKA BY Y.N. HOSKOTE POLICE STATION, PAVAGADA TALUK REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PIN CODE - 560 001.
(BY SRI. S. CHANDRASHEKARIAH., HCGP) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:24.07.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MADHUGIRI, AND THE ORDER TO REFUND THE DEPOSITED SURETY AMOUNT OF RS.50,000/- EACH ACCUSED NO.2 AND 5 PETITIONERS AND PASS SUCH OTHER ORDERS THAT THIS HON’BLE COURT DEEMS FIT IN CIRCUMSTANCES OF THE CASE BY ALLOWING THIS PETITION.
THIS PETITION COMING ON FOR ADMISSION DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.M.Shashidhara, learned counsel appearing for petitioners and Sri.S.Chandrashekharaiah, learned HCGP appearing for respondent. Perused the records.
2. Petitioners were arraigned as accused Nos.2 and 5 in S.C.No.5007/2013, which was then pending before IV Addl. District and Sessions Judge, Madhugiri. Petitioners came to be enlarged on bail by the Coordinate Bench of this Court vide order dated 18.09.2013 in Crl.P.No.5160/2013 and one of the conditions imposed for grant of bail was, each of the petitioner should deposit a sum of `50,000/- in cash and to execute a personal bond for a sum of `50,000/-. Accordingly, petitioners have deposited the said amount on 07.10.2013 before IV Addl. District and Sessions Judge, Madhugiri. Said sessions case after trial came to be disposed of by judgment dated 12.03.2015, whereunder all the accused namely, accused Nos.1 to 7 were acquitted of the offences alleged against them. Hence, petitioners filed an application on 24.07.2017 for refund of cash surety amount paid by them, which has been rejected by the trial Court by impugned order dated 24.07.2017. Hence, this petition.
3. Having heard the learned Advocates appearing for parties and on perusal of records it would disclose that on account of certain technical issues, application has been rejected and amount has not been released in favour of petitioners.
4. Sri.M.Shashidhara, learned counsel appearing for petitioners has also made available certified copy of the order dated 12.03.2015, on which date petitioners came to be enlarged on bail by the jurisdictional Sessions Judge. On account of Presiding Officer of the jurisdictional Court was not sitting and as such concurrent charge was held by the Senior Civil Judge & JMFC, Madhugiri, who had ordered the accused to deposit the cash security in “CCD” Account and same was received and receipts were issued as “CrCD” account. If any administrative approvals are to be taken, it is for the jurisdictional Court to resolve the said issue and the litigant public cannot be made to run from pillar to post for receiving their money, which has been deposited by them in the Court. The Courts being custodia legis is required to act not only quickly but also to ensure that litigant public is put to least inconvenience. As such, this Court is of the considered view that it is a fit case where extraordinary jurisdiction vested in this Court requires to be exercised by directing the jurisdictional Sessions Judge to release the amount in favour of the petitioners which they have deposited at the time of being enlarged on bail by way of cash security deposit.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) IV Additional District and Sessions Judge, Madhurigi shall forthwith and at any rate, within 10 days from the date of receipt of certified copy of this order, refund the amount i.e.
`50,000/- each to the respective petitioners-1 and 2 – accused Nos.2 and 5 on proper identification, which amount had been deposited by them on 07.10.2013 vide receipt No.066524 and 066525 respectively.
(iii) Jurisdictional Sessions Judge shall send a communication by e-mail addressed to the Registrar General of this Court for such payment having been made in compliance of this order.
SD/- JUDGE DR/sp