IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.780/2019 BETWEEN:
Smt.Suneetha.M, W/o.M.S.Chandrashekar, Aged about 27 years, R/at Mallarabanavadi, Nelamangala Taluk, Bengaluru Rural District, Pin-562 123.
Also r/at, C/o.Hemanthakumar, No.129/1, Vinayakanagara, Hulegoudanahalli Post, Nelamangala Taluk, Bengaluru Rural District, Pin-562 123. …Petitioner (By Sri.Narasegowda.K, Advocate-Absent) AND:
Madhukumar.B.R, S/o.Ramakrishnaiah, Aged about 33 years, R/at.Bhudhihall, Kasaba Hobli, Nelamangala Taluk, Bengaluru District, Pin No.562 123. …Respondent This Criminal Revision Petition is filed under Section 397 of Cr.P.C., praying to modify the condition passed on I.A.No.1 in Crl.A.No.659/2019 dated 20.03.2019 i.e., the appellant shall deposit entire fine amount before the Trial Court within 30 days from the date of order.
This petition coming on for Orders, this day, the Court made the following:-
ORDER Counsel for the petitioner remained absent.
2. Today this case has been posted for non- compliance of the office objections and maintainability. The first office objection which has been raised is certified copy of C.C.No.10647/2018 has not been furnished and the present Criminal Revision Petition has been filed seeking to set-aside the present proceedings and to modify the condition imposed in I.A in Criminal Appeal No.659/2019.
3. As could be seen from the records, no certified copy of the conviction order has been produced. Even the prayer discloses that he has prayed to modify the condition imposed in I.A.No.1/2019 in Criminal Appeal No.659/2019 dated 20.03.2019. Against the interim application, no criminal revision petition lies before this Court and as could be seen from the order of the First Appellate Court, execution of judgment of conviction and sentence passed by the Court below has been suspended till next date of hearing subject to deposit of fine amount imposed within 30 days. In the facts and circumstances, I feel that if the present petitioner is intending to get the condition relaxed, he can approach the Court below and file appropriate application.
4. With the above observation, by accepting the office objection, Criminal Revision Petition is dismissed.
Sd/- JUDGE Rg/bnv*