- 1 - NC: 2025:KHC:9768 CRL.P No. 1609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1609 OF 2025 BETWEEN: MADHU @ MADHAVA, S/O GURURAJ, AGED ABOUT 32 YEARS, R/A. NO.338, C/O RAMASWAMY REDDY, BALAGARE, BANGALORE - 560 087, …PETITIONER (BY SRI. PRAKASHA K.V, ADVOCATE) AND: 1. STATE BY H.A.L. POLICE, BANGALORE DISTRICT, REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BANGALORE - 560 001. 2. SRI. N.S. SARDAR PASHA, S/O A. SHAPHIULLA, AGED 42 MAJOR, R/A NO.5, NAGAVARA VILLAGE, MUSHKUR POST, MULABAGILU TALUK, KOLAR DISTRICT - 563 131. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED 15.02.2025 AND CONSEQUENTIAL PROCEEDINGS AGAINST THE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9768 CRL.P No. 1609 of 2025 PETITIONER IN CR.NO.416/2010 OLD SC.NO.1374/2014 NEW SC.NO.807/2024, FOR THE OFFENCES P/U/S 341, 323, 326, 332, 504 R/W 34 OF IPC, BY HAL POLICE, BANGALORE, PENDING ON THE FILE OF HONBLE COURT OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader (HCGP) represents the respondent-State. 2. The petitioner, identified as Accused No.2, is currently on trial for offences punishable under Sections 341, 323, 326, 332, and 504 read with Section 34 of the Indian Penal Code (IPC). The petitioner challenges the trial court’s order issuing a proclamation under Section 82 of the Code of Criminal Procedure (CrPC). 3. The petitioner has provided an undertaking to appear before the trial court on the next scheduled hearing date, which is hereby recorded. Considering this undertaking, the conditions necessitating the issuance of the proclamation under Section 82 CrPC no longer exist. ORDER i. The petition is allowed. - 3 - NC: 2025:KHC:9768 CRL.P No. 1609 of 2025 ii. The impugned order dated 15.02.2023 passed by the LXII Additional City Civil and Sessions Judge at Bengaluru, in SC.No.807/2024 and the subsequent non bailable warrant issued are hereby quashed. iii. The petitioner shall appear before the trial Court on the next date of hearing and in the event, the petitioner fails to appear before the trial Court, the impugned order of proclamation shall stand automatically revived. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 10 CT: BHK