IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 7975 OF 2014 BETWEEN:
SHIVANNA SON OF HANUMEGOWDA AGED ABOUT 37 YEARS RESIDING AT HANDINAKERE HARALAHALLY VILLAGE MANICHANAHALLI POST KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. BYRAREDDY G.S, ADVOCATE) AND:
1. SMT. Y. R. VIJAYA WIFE OF SHIVANNA AGED ABOUT 27 YEARS C/O MANJULA WIFE OF VISHWANATH HOUSE NO.28/1 NEAR AMBHABHAVANI CHOULTRY, HASSAN DISTRICT – 573 201.
2. DARSHAN, SON OF SHIVANNA AGED ABOUT 9 YEARS 3. PALLAVI DAUGHTER OF SHIVANNA AGED ABOUT 6 YEARS.
RESPONDENTS 2 AND 3 MINORS RESIDING AT HANDINAKERE HARALAHALLY VILLAGE MANICHANAHALLI POST KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT – 573 201.
...RESPONDENTS (BY SMT. KAVITHA H. C, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 19.5.2014 IN CRL.A.NO.79 OF 2014 ON THE FILE OF ADDITIONAL SESSION JUDGE AT HASSAN OF ORDER PORTION OF "SUBJECT TO THE CONDITION THAT THE APPELLANT SHALL DEPOSIT 50% OF THE AMOUNT BEFORE THE TRIAL COURT PAYABLE AS PER THE IMUGNED ORDER DATED 26.11.2013 EVERY MONTH UNTIL FURTHER ORDERS, FAILING WHICH, THIS ORDER STANDS VACATED".
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner seeks time on the ground that he intends to retire from the case. The request is rejected.
2. Perused the petition. The petitioner is aggrieved by the order dated 19.5.2014 whereby while suspending the sentence, the Appellate Court had directed the petitioner herein to deposit 50% of the amount before the Trial Court. The impugned order does not warrant any interference by this court. There is no illegality whatsoever in directing the petitioner to pay 50% of the compensation amount.
Petition is dismissed.
Sd/- JUDGE nv