- 1 - NC: 2025:KHC:9939 CRL.P No. 1960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1960 OF 2025 BETWEEN: 1. ABDUL NAZEER @ NAZEER @ SACHIN S/O SULAIMAN,AGED ABOUT 35 YEARS, R/A C/O SUDEEP HOUSE,N CROSS, 11TH MAIN, NEAR LAKSHMI THEATERE, THAVAREKERE,BANGALORE-560 087, PERMANENT ADDRESS: EDAKALA NARIYANDADA VILLAGE,NAPOKLU, CHEYANDANE POST, MADAKER-571212. 2. JAYAKARA @ JOCKEY, S/O LATE CHEDAPPA , AGED ABOUT 35 YEARS, R/A. C/O SUDEEP HOUSE,N CROSS, 11TH MAIN, NEAR LAKSHMI THEATERE, THAVAREKERE, BANGALORE-560 087, PERMANENT ADDRESS: KERADI VILLAGE, KUNDAPURA TALUK, UDAPI DISTRICT-576 233. …PETITIONERS (BY SRI. PRAKASHA K V., ADVOCATE) AND: STATE BY MADIVALA POLICE BANGALORE CITY,REPRESENTED BY S.P.P.HIGH COURT- COMPLEX,BANGALORE-560 001. …RESPONDENT (BY SRI. RAHUL RAI, HCGP) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9939 CRL.P No. 1960 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED 08.02.2024 AND ITS CONSEQUENTIAL PROCEEDINGS IN S.C NO. 1961/2019 (CRIME NO. 587/2015) PENDING ON THE FILE OF HONBLE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, AGAINST THE PETITIONERS ONLY FOR THE OFFENCES P/U/S 399 AND 402 OF IPC, BY MADIVALA POLICE BANGALORE. 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 petitioners, who are facing trial for offences under Sections 399 and 402 of the IPC, are before this Court seeking relief. 2. The petitioners were granted bail subject to certain terms and conditions, one of which requires that they appear before the trial court whenever summoned. Their failure to appear led the trial court to issue a proclamation notice and to attach properties under Sections 82 and 83 of the Cr.P.C. 3. Heard submissions from the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent State. 4. The learned counsel for the petitioners submitted that the petitioners undertakes to appear before the trial - 3 - NC: 2025:KHC:9939 CRL.P No. 1960 of 2025 court regularly, as and when summoned, including on the next hearing date. 5. Since this undertaking has been placed on record, it is appropriate, in view of the petitioners’ undertaking , to quash the impugned proclamation order. 6. Accordingly, I pass the following : ORDER (i) The petition is allowed. (ii) The order dated 08.02.2024 passed by the Principal City Civil And Sessions Judge at Bengaluru, in S.C No.1961/2019 is hereby set aside, subject to the petitioners appear on the next date of hearing, and also regularly as and when summoned by the trial court. (iii) In the event, the petitioners fail to appear on the dates summoned without any valid reasons, the trial Court to revive the impugned order. Pending I.A. does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CS List No.: 1 Sl No.: 12