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CRL.P No. 7830 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7830 OF 2022
BETWEEN:
1.
V N LAKSHMI NARAYANA
S/O NINGAPPA
AGED ABOUT 45 YEARS
MANAGING DIRECTOR
M/S HINDUSTAN INFRACON (INDIA) LTD
NO.826/A, 2ND FLOOR
5TH MAIN, VIJAYANAGAR
BANGALORE
PIN CODE-560040
2.
B G GANGADHARAIAH
S/O BORAIAH
AGED ABOUT 56 YEARS
R/AT NO.323, SERVICE ROAD
VINAYAKA LAYOUT
9TH BLOCK, NAGARABHAVI
BANGALORE
PIN CODE-560072
3.
N RAMESH
S/O H NANJUNDAIAH
AGED ABOUT 44 YEARS
R/AT NO.208
9TH CROSS, MPN LAYOUT
NAGARABHAVI II STAGE
BANGALORE
PIN CODE-560056
4.
S SURESH
S/O LATE SANNA PUTTE GOWDA
AGED ABOUT 43 YEARS
R/AT SINDENAHALLI VILLAGE
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 7830 of 2022
HANAGODU HOBLI
HUNSUR TALUK
MYSORE PIN CODE-571601
5.
CHANNAKESHAVA
S/O LATE B C MUDDAIAH
AGED ABOUT 31 YEARS
R/AT NO.212, BHANDIHALLI
NITTUR HOBLI, GUBBI TALUK
TUMKUR
PIN CODE-573166
6.
NAGARAJU
S/O CHANNEGOWDA
AGED ABOUT 46 YEARS
R/AT NO.107/1
DODDAMANDIGANAHALLI
KANDLI POST
VIJAYAPURA EXTENSION
HASSAN
PIN CODE-571387
7.
RAJESHA H T
S/OTHIMMEGOWDA
AGED ABOUT 33 YEARS
R/AT HANIYAMBADI VILLAGE
MANDYA TALUK
MANDYA
PIN CODE-571448
8.
H G LOKESH
S/OGOWDEGOWDA
AGED ABOUT 43 YEARS
VIDHYANAGAR
CHANNARAYAPATNA TOWN
CHANNARAYAPATNA
HASSAN PIN CODE-573116
9.
D K KEMPEGOWDA
S/O KARIGOWDA
AGED ABOUT 47 YEARS
R/AT NO.163, 4TH CROSS
4TH MAIN, SAMPIGE LAYOUT
BANGALORE
PIN CODE-560079
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CRL.P No. 7830 of 2022
10. SOMESHWARA
S/O NINGAPPA
AGED ABOUT 30 YEARS
R/AT AT SAKKARE
DHARAMAPURA POST
HIRIYUR TALUK, CHITRADURGA
PIN CODE-560110
11. HONNE GOWDA @ MANJUNATHA
S/O LATE NINGAPPA
AGED ABOUT 35 YEARS
R/AT NO.36/4, 1ST CROSS
SUVARANAJYOTHINAGARA
NAGADEVANAHALLI-560110
12. P PRABHAKAR
S/O PAPEGOWDA
AGED ABOUT 60 YEARS
R/AT NO.7, 6TH MAIN ROAD
ULLAL MAIN ROAD
MUNESHWARANAGARA
BANGALORE-560056
&PETITIONERS
(BY SRI. RAJU C N.,ADVOCATE)
AND:
1.
STATE BY PUTTUR TOWN POLICE
D.K.DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-560001
&RESPONDENT
(BY SRI K.S.ABHIJITH, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE
ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE
AT MANGALURU IN SPL.C.NO.30/2019 DATED 06.08.2022 FOR THE
OFFENCE P/U/S.120-B, 409, 420 AND 506 OF IPC AND SEC.9 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL
ESTABLISHMENT
ACT
2004
BY
ALLOWING
THIS
PETITION.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 7830 of 2022
Heard the learned counsel, Sri.C.N.Raju, for the petitioner
and the learned HCGP, Sri.K.S.Abhijith, for the respondent.
2. Petitioners are before this Court calling in question
the order dated 06.08.2022 insofar as it pertains to cancellation
of bail. The order passed by the concerned Court impugned in
this subject petition reads as follows:
<Accused 2 to 13 present.
Case called out again.
Accused absent.
Counsel for Accused filed application
under Sec.70(2) of Cr.P.C. for recall of
NBW. In the absence of Accused the
application for recall of NBW cannot be
considered. Hence application is rejected.
The
Accused
are
granted
bail
on
11.03.2020 on the condition of executing
personal bond for Rs.5,00,000/- each
with two sureties for like-sum. The
Accused have not furnished sureties since
then. Therefore there is no justifiable
grounds for adjourning the case for
furnishing surety. Hence bail granted to
the Accused 2 to 13 has been cancelled.
Issue NBW to Accused r/by 09.09.2022.=
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3. A perusal of the order would indicate that the
impugned order is passed only on the ground that personal
bond for Rs.5,00,000/- each with two sureties for the likesum
had not been furnished before the concerned Court despite
grant of two years9 time.
4. Learned counsel appearing for the petitioners has
now placed on record a memo reporting compliance of the
order passed by the trial Court. Therefore, nothing further
would survive for consideration in the case at hand.
In the light of the compliance made by the
petitioners and the same being accepted by the concerned
Court by its order dated 26.08.022, the petition is disposed of
as having rendered infructuous.
In
view
of
the
disposal
of
the
main
petition,
I.A.No.1/2022 also stands disposed.
Sd/-
JUDGE
VM
List No.: 1 Sl No.: 89
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