IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3RD DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTiCE V. JAGANNATHAN CRL.P. NO. 10303/2011 BETWEEN: MR.D.ISMAIL S/O PAKKIR SAB, AGED ABOUT 46 YEARS, 0CC: AGRICULTURIST, R/O HUGULUR VILLAGE, HADAGALI TALUK, DISTRICT BELLARY. PETITIONER (BY SRI.MALLIKARJUNSWAMY, B. HIREMATH, ADV.) AND: MR. D.MEHABOOB SUBAN, S/0 D.PAKKIR SAHEB, AGED ABOUT 41 YEARS, R/0 HUGULUR VILLAGE, HADAGALI TALUK, DISTRICT BELLARY. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 08.02.2011 PASSED BY THE FAST TRACK COURT III, HOSPET, IN CRL.A. NO.79/2010 AND PERMIT HIM TO DEPOSIT THE SAID SUM OF RS.30,000/-. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the petitioners counsel and the reason for the petitioner approaching this Court in this criminal petition is. refusal on the part of the learned Judge of the Past Track Court to permit the petitioner to deposit the amount of 3O,OOO/-. 2. Submission of petitioner’s counsel is that, against the sentence of the trial Court, the petitioner approached lower appellate Court seeking suspension of sentence and the lower appellate Court allowed the l.A. filed during the pendencv of the appeal and directed the petitioner to execute personal bond and also deposit 3O,OOO/- before the trial Court within 15 days from the date of the order of the lower appellate Court. 3. However, the petitioner could not deposit the amount within aforesaid date on account of reasons mentioned by the petitioner in the application that was filed by him on 08.02.2011. The lower appellate Court was requested to grant some more time to deposit the amount. But, the lower appellate Court rejected the prayer of the petitioner on the ground that, petitioner disobeyed the order of the Court. 4. Aggrieved by the said order of the lower appellate Court, the petitioner is before this Court. 5. The submission of the petitioner’s counsel is that, petitioner could not deposit the amount within the period mentioned by the lower appellate Court, as the petitioner was suffering from illness and also financial difficulties. Therefore, he sought permission of the lower appellate Court to permit him to deposit the amount on 08.02.2011. But, the lower appellate Court rejected the said prayer. 6. Having thus heard the petitioner’s counsel and taking note of the fact that, the lower appellate Court having suspended the sentence but subject to certain conditions Lhe lower appellate Court could not have c 4€ed the prayer of the petitioner to deposit the amount on the date when the matter was called i.e., on 08.02.2011. Therefore, 4 in the interest of justice, the present petition is allowed and the impugned order of the lower appellate Court is set aside and the petitioner is directed to deposit the amount as ordered by the lower appellate Court. 7. I therefore, direct the petitioner to appear before the lower appellate Court on 21.03.2011 and shall deposit the amount of ‘30,00O/ either before the date or latest by 21.03.2011. Thereafterwords, the lower appellate Court proceed with the matter in accordance with law. Sd/ JUDGE MBS/