- 1 - NC: 2025:KHC:5602 CRL.P No. 1529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1529 OF 2025 BETWEEN: SRI CHETHAN K S/O. KRISHNAMURTHY, AGED ABOUT 26 YEARS, R/AT NO.22, 8TH MAIN, AGRAHAR DASARAHALLI, BENGALURU 560 079. …PETITIONER (BY SRI. JAGADISH J R.,ADVOCATE) AND: STATE OF KARNATAKA BY MAGADI ROAD POLICE STATION, BENGALURU REPRESENTED BY GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA, BENGALURU 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH , HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER ISSUING PROCLAMATION IN SO FAR AS IT RELATES TO THE PETITIONERS / ACCUSED NO.2 IS CONCERNED VIDE ORDER DATED 29.03.2023 PASSED BY THE HONBLE III ACMM, BENGALURU IN C.C.NO.6743/2020. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5602 CRL.P No. 1529 of 2025 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 petition, the petitioner seeks for the following reliefs: "to set aside the order issuing proclamation insofar as it relates to the petitioner /accused No.2 is concerned vide order dated 29.03.2023 passed by the Hon'ble III A.C.M.M. Bengaluru in C.C.No.6743/2020, in the interest of justice." 2. Heard the learned counsels for the parties and perused the material on record. 3. Learned counsel for the petitioner submits that without providing sufficient/reasonable opportunity to the petitioner nor following the due procedure in accordance with law, the trial Court has issued proclamation warrant as against the petitioner - accused No.2, who is before this Court by way of present petition. 4. It is submitted that petitioner, who approached the trial Court, would file an appropriate application seeking recall of the - 3 - NC: 2025:KHC:5602 CRL.P No. 1529 of 2025 NBW as well as the proclamation warrant issued against him and the trial Court may be directed to consider and pass appropriate orders on the said application, till which time, the trial Court and the respondent may be directed not to take any precipitative/coercive steps against the petitioner. 5. Submission is placed on record. 6. Petition stands disposed of reserving liberty in favour of the petitioner to file an appropriate application before the trial Court for recall of the NBW as well as the proclamation warrant issued against him. If the petitioner files such an application, the trial Court shall consider and pass appropriate orders on the said application in accordance with law. 7. It is further directed that till the trial Court considers/passes appropriate orders on the said application filed by the petitioner for recall of the NBW as well as the proclamation warrant issued against the petitioner, neither the trial Court nor the respondent shall take any precipitative/ coercive steps against the petitioner. - 4 - NC: 2025:KHC:5602 CRL.P No. 1529 of 2025 Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 15