- 1 - NC: 2025:KHC:7886 CRL.P No. 976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 976 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. AKASH S/O.SRI VITHAL RAO, AGED ABOUT 31 YEARS, R/AT NO.01/72, SIRSI (A) VILLAGE, BIDAR TALUK AND DISTRICT-585226 …PETITIONER (BY SRI. ABHIJEET, ADVOCATE) AND: 1. STATE BY K R PURAM POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. SRI.N S SWAMY S/O. SRI.SIDDAYYA, AGED ABOUT 43 YEARS, DIVISIONAL MANAGER, M/S .BHARAT FINANCIAL INCLUSION LIMITED COMPANY NO.36, 2ND CROSS, GAYATRI LAYOUT, BASAVANPUR DEVSANDRA, KR PURAM, BENGALURU-5600736 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DATED 21.02.2025) Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7886 CRL.P No. 976 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED 23.10.2024 PASSED IN CC.NO.28378/2021 BY THE HONBLE/LEARNED III ADDL. CJM, BENGALURU, AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this writ petition petitioner seeks the following relief: “The petitioners most respectfully and humbly prays that this Hon’ble Court may be pleased to quash the Proclamation Order Dated 23.10.2024 passed in CERTIFIED COPY No.28378/2021 by the Hon’ble/Learned III Additional Chief Judicial Magistrate, Bengaluru, and pass such other order or orders as this Hon’ble Court deems fit to grant under the facts and circumstances of the case in the interest of justice.” 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1 and perused the materials placed on record. For the order proposed, notice to respondent No.2 is dispensed with. - 3 - NC: 2025:KHC:7886 CRL.P No. 976 of 2025 3. A perusal of the material on record would indicate that in the first instance, the trial Judge issued an non bailable warrant as against the petitioner which was followed by the impugned order dated 23.10.2024 passed by the trial Court issuing proclamation order as against the petitioner, who is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the matter before the trial Court is posted on 21.04.2025 and the petitioner would appear before the trial Court on the said date and file an appropriate applications seeking recall of the NBW and recall of the proclamation warrant issued against him, as well as an application for bail and the trial Court may be directed to dispose of the same in accordance with law by keeping the impugned order, NBW and proclamation in abeyance till the disposal of the said applications. 5. Submission is placed on record. - 4 - NC: 2025:KHC:7886 CRL.P No. 976 of 2025 6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the aforesaid submissions made by the learned counsel for the petitioner, I deem it just and appropriate to dispose of the present petition by issuing certain directions. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The petitioner is directed to file applications for recalling NBW, recalling the proclamation warrant as well as an application for bail before the trial Court on the next date of hearing. (iii) Upon petitioner filing the said applications, trial Court is directed to dispose of the said applications in accordance with law, after providing sufficient and reasonable opportunity to the petitioner. - 5 - NC: 2025:KHC:7886 CRL.P No. 976 of 2025 (iv) It is further directed, till the trial Court disposes of the aforesaid applications, impugned orders passed by of the trial Court issuing NBW and proclamation warrant shall remain in abeyance and neither the respondents nor the trial Court shall take precipitative / coercive action/steps against the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVK List No.: 1 Sl No.: 11