High Court Karnataka High Court

Smt Bayyamma vs The State Of Karnataka By S H O on 26 November, 2009

Karnataka High Court
Smt Bayyamma vs The State Of Karnataka By S H O on 26 November, 2009
Author: Arali Nagaraj
 GP)

 .3. ........-...-....- nvurl \.uuKI'_ ur nmmnlnnp HIGH couau or KARNATAKA HIGH count: or Imunnunnn l'llI.'il'l Luun

IN THE HIGH COURT 0}? KARNATAKAHAT BANGMQRE

DATED THIS THE 267'" DAY OF NOVEMBE1RA,.~«2§.3_i%.":'§e'_i__d:"'..' " 

BEFORE

THE HON'BLE MR. JUSTICE    J. 

CR AL H0.d'&5:dd  1  M

.B.<.=_._tV5;¢1'1!

Smt.Eay{amznQ,      , 
Wlo Late Clfikknvélfltaf-firflifappfig   p
Aged aboutfoyearay'  T '  
R/atmalaaurld.   _  A A
Chikkabajlap;-;1raTa1I1k," "  

     '

(By Sri.B.\f;Pi1f1to, £iébJoc.ate) ' "  V  

And:

The:  of _ 2 A  by
$;H.Q., Malgdevajgnna P.S.,
 Cit5,..._1,§§an'ict.

___----

 Appeal 3 filed under seem: 4+9

.  C..;'.P.C.  Advocate finr the appellant praying that
p  .':inn'bleCmn'tmaybe planned to reduce and modify

'  of penalty as passed by the order dated
  passed by the RI... & Add}. Sessions Judge,

 _'    _F'IC}'-III, Mayo Hall Unit, Bangabre in

 «.fs;c.Nu.1166/2007.

'I'h'nCrimina1Appealoom1'ngonforhearingthio
day, the Court delivered the fi:Illow'ing:- p

(__('r%/"

...Reapondent p



suvuu \uVI\ll\' \Il' INIIIIIIIIQIJQINFI l'II\.7l'I \..\J'|.ll(| \Jl' l'\l-III'!-\II\I\Ii "H971 L-IJIJII

JUDGMENT

The present appeal is by the aurety
% Nae:-..1 and 3 in S.C.No.1166[ 2007 on the
Track Court-III, Banga_lorc City.’
impugned order dated ‘26.0.3..24CK)9 “p#&IAs.ed

cane levying the penalty o1–gs.so,cm;. M
appellant — urety is h

2. 1: iauI1aj;1; ix: % appellant
stood an 3 in the said
case. absent, the
surety However, since the
px-eaenc’e be secured, only a sum

– be levied * as penalty on this
Since the presence of accused No.3
_ entire hand amount of Ra.50,(I)D]- as

T3.J’rmorigi:m1reoordsobzaincdn-ommeu-ial

[Court reveal that this appellant — surety had filed an

application on 27.12.2008 requeatixg the trial Court to

.-.-I-\”””\”””

take lenient View in imposing penalty on her on____1;he

ground that she has been a poor widow with

child doing eoolie work could not afford to

bond amount of Re.50,000]- aev.pez;a_hy’–“‘uVV

reading of the impugned order, it.

tna1′ Court did not consider hf’ “1

4. While “er the
impugned orde1′,.t.hia that
the the trial Court
a aum of Counsel. for the

–__ __t1-sat the said amount has
been

p [53 to the financial oondifion of

her status and other facts, I feel

efjeetiee-weum be met ifthe pcmlty of

‘ imposed on her in reduced to Ru.15,(I)O/-

d already been deposited by her before the trial

Hence’, the present appeal is allowed in part.

penalty of Rs.50,000/F imposed on the appellant –

We