IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.2416 OF 2019 BETWEEN:
1. SRI. MUNIYAPPA S/O LATE GIRIYAPPA AGE 44 YEARS RAGHUVANAPALYA GANGAONAHALLI POST TIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRCTI.
2. SRI. GANGASHANAYYA S/O KALASHANAYYA AGED ABOUT 55 YEARS R/AT.1, KAVERIPALYA MAGADI TALUK RAMANAGARA DISTRICT (BY MR. TILAK RAJ M, ADV., (ABSENT)) AND:
SUO-MOTO-BY-COURT VI ADJ, NEW EXTENSION POLICE TUMKUR REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE.
(BY MR. VIJAYAKUMAR MAJAGE, ADDL. SPP) - - -
… PETITIONERS … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 19.1.2018 IN CRL. MISC.No.882/2017 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKURU DIRECTING THE PETITIONER DEPOSIT THE BOND AMOUNT OF RS.40,000/- AS AGAINST THE BOND OF RS.2,00,000/- WITHIN PERIOD OF 60 DAYS FROM THE DATE OF THIS ORDER.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Vijayakumar Majage, learned Additional SPP for the respondent.
In this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia has assailed the validity of the order dated 19.01.2018, by which application filed by the petitioner under Section 446(3) of the Code has been rejected.
2. Against the order passed on an application under Section 446(3) of the Code, an appeal lies under Section 449 of the Code. Accordingly, the petitioner is disposed of with a liberty to the petitioner to file an appeal against the impugned order under Section 449 of the Code, if so advised.
With the aforesaid liberty, petition stands disposed of.
Sd/- JUDGE SS