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.5888/2015 BETWEEN SRI NATARAJ S/O NAGAMANGALADA RAMAKRISHNAPPA, AGED ABOUT 40 YEARS, R/AT, P.RANGANATHAPURA VILLAGE, VIKAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.
... PETITIONER (BY SRI.S.G.LOKESH, ADVOCATE- ABSENT) AND SRI B RAJGOPAL S/O BASAPPA, AGED ABOUT 34 YEARS, R/AT. ANDRAHALLI VILLAGE, DEVENAHALLI TALUK, BANGALORE RURAL DISTRICT.
... RESPONDENT THIS CRLIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CONDITION NO.2 OF THE IMPUGNED ORDER DATED 16.07.2015 PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, IN CRL.A.NO.15005/2015, PRODUCED AS ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner is absent.
Perused the petition.
2. Petitioner has sought to quash condition No.2 of the impugned order dated 16.07.2015 passed by the V Additional District and Sessions Judge, Devanahalli in Criminal Appeal No.15005/2015. Under the said order while allowing the application filed by the petitioner herein seeking suspension of sentence under Section 389 of Cr.P.C, the appellate Court has directed the petitioner to deposit 50% of the amount of fine before the trial Court within 30 days from the date of the order. The said order is within the competence of the Court and does not suffer from any error or infirmity or warranting interference by this Court in exercise of the jurisdiction under Section 482 of Cr.P.C.
Hence, petition is dismissed.
PYR Sd/- JUDGE