BENGALURU: The Karnataka High Court on Wednesday ruled that the person who stands surety and whose land has been attached for forfeiture of bond, while granting bail to an accused, has the right to apply before a sessions court for release of the property, in case of impersonation of surety.
“In a situation like this, it cannot be said that the court which ordered for forfeiting the bond and initiation of action for recovering the bond amount, is powerless to conduct an inquiry and drop the proceedings if somebody has impersonated the petitioner’s father,” Justice Sreenivas Harish Kumar said, allowing a petition by G Prashanth from Gottigere.
The petitioner moved the high court as the sessions court did not entertain his father’s application to conduct an inquiry and release the property. His father, GS Gundanna, did not stand surety for the release of accused Jaabir Ahmad in a crime. The affidavit filed by another person, as surety, stating he is the son of Sampangirama Shastry and owner of 1 acre 8 guntas of land in Chikkammanahalli, Begur hobli, were false.
After he learnt of the mischief, Gundanna applied to the Registrar, City Civil Court, but no action was taken and the property was attached. Meanwhile, he passed away in 2020. The petitioner, Prashanth, moved HC which ruled that he has the right to apply for release of the property.