- 1 - NC: 2025:KHC:11367 CRL.P No. 1573 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.1573 OF 2025 BETWEEN: SRI. SANDEEP SHETTY AGED ABOUT 32 YEARS, S/O RAJEEVA SHETTY, R/AT NEAR INDIAN GAS, NEAR AYYAPPASWAMY TEMPLE, GURURAJA LAYOUT, BSK 3RD STAGE, BENGALURU-85 ALSO AT SRI. SANDEEPA, AGED ABOUT 32 YEARS, S/O RAJEEVA SHETTY, NO.1-151, MEL VADNALI, EDMOGE, YEDAMOGE, KUNDAPURA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. PRAKASH SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, HANUMANTHANAGARA POLICE STATION, HANUMANTHANAGAR, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11367 CRL.P No. 1573 of 2025 2. SMT. PADMA M HEBBAR, AGED ABOUT 65 YEARS, W/O MANJUNATHA N HEBBAR, R/AT NO 569, 5TH MAIN, 2ND CROSS, 5TH MAIN, HANUMANTHANAGARA, BENGALURU-19 …RESPONDENTS (BY SRI. M.V.ANOP KUMAR, HCGP) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.6186/2021 IN CRIME NO.98/2020 ON THE FILE OF XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND NOW IT IS BEEN TRANSFERRED TO XXXVII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU, REGISTERED BY THE HANUMANTHANAGARA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 392 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner who is facing trial for the offence punishable under Section 392 of IPC is before this Court seeking the following relief: - WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings in CC.No.6186/2021 in Crime No.98/2020 on the file of XXIV Additional Chief Metropolitan Magistrate at Bengaluru and now it is been transferred to XXXVII Additional Chief Judicial Magistrate at Bengaluru, registered by the Hanumnthanagara Police for the - 3 - NC: 2025:KHC:11367 CRL.P No. 1573 of 2025 offences punishable under section 392 of the Indian Penal Code, in the interest of justice and equity. 2. The trial Court passed the impugned order issuing a non- bailable warrant and also a proclamation under Sections 82 and 83 of the Cr.P.C. citing that the petitioner has absconded and is not appearing before the Trial Court as and when summoned. 3. Learned counsel for the petitioner, upon instructions submitted that the petitioner shall undertake to appear before the trial Court on the next date of hearing and therefore, the impugned order may be set aside. 4. Learned HCGP for the respondent No.1-State submitted that the petitioner has remained absconding, and not appeared before the Trial Court since the year 2021. The Trial Court is justified in passing the impugned order. Be that as it may, the petitioner having undertaken to appear before the trial Court as and when summoned, the impugned order requires to be set aside. 5. Accordingly, I pass the following orders: ORDER i. The petition is allowed. ii. The impugned order dated 14.07.2023 passed by the XXIV Additional Chief Metropolitan Magistrate now transferred to the XXXVII Additional Chief Judicial Magistrate, Bengaluru, - 4 - NC: 2025:KHC:11367 CRL.P No. 1573 of 2025 in C.C.No.6186/2021 in Crime No.98/2020 registered by the Hanumanthanagara Police is set aside, subject to petitioner undertaking to appear before the trial Court on the next date of hearing. iii. In the event the petitioner does not appear before the trial Court on the next date of hearing without any valid reason, the impugned order stands automatically revived. Sd/- (HEMANT CHANDANGOUDAR) JUDGE MEG List No.: 1 Sl No.: 79