- 1 - NC: 2025:KHC:15777 WP No. 6411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6411 OF 2025 (GM-RES) BETWEEN: SRINIVASA GADDIGE T, S/O LATE THIMMAIAH GADDIGE H, AGED ABOUT 45 YEARS, R/AT NO. 12, MINI MODELS COLONY, RUKMININAGARA, JODIBHAVI ROAD, NAGASANDRA, BENGALURU - 560 073. …PETITIONER (BY SRI. NEGLUR ARAVIND, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED HEREIN BY PEENYA POLICE STATION, 2GPF + 3JM, PADARAYANAPALYA, 2ND CROSS, NEAR JALAHALLI, PEENYA II PHASE, PEENYA, BENGALURU - 560 058. 2. SRINIVASA T, ASST. SUB-INSPECTOR, BANGALORE CITY POLICE, HAVING REGISTERED ADDRESS AT NO. 32/2-1, 6TH CROSS, CHOLURU PALYA, MAGADI ROAD, BENGALURU - 560 023. …RESPONDENTS (BY SRI. M.R. PATIL, ADVOCATE FOR R1 AND R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15777 WP No. 6411 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 582 UNDER BNSS, 2024 PRAYING TO QUASH THE PROCEEDINGS IN CC NO. 14062/2023 PENDING ON THE FILES OF XXXI ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU WHICH IS AT ANNX-H AND ETC., 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 petitioner challenges the cognizance taken for the offence punishable under Section 229A of the IPC. 2. The prosecution alleges that a case was registered against the petitioner in Crime No. 4/2018 for offences punishable under Section 41 of the Karnataka Money Lenders Act, 1961; Section 3 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004; and Sections 34, 504, and 506 of the IPC. The petitioner has been arrayed as Accused No.3 in the said case. Despite the issuance of a non-bailable warrant, the petitioner has failed to appear before the Trial Court, thereby allegedly violating the warrant issued against him. 3. Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. - 3 - NC: 2025:KHC:15777 WP No. 6411 of 2025 4. The petitioner has been arrayed as Accused No.3 in Crime No. 4/2018. However, he was neither enlarged on bail nor had he furnished a bond before the Trial Court. 5. Section 229A of the IPC states that: “Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.” 6. In the present case, the petitioner has not furnished any bond before the Trial Court undertaking to appear as and when summoned. The only allegation is that he failed to comply with the non-bailable warrant issued against him. This, by itself, does not fulfill the essential ingredients required to constitute the offence punishable under Section 229A of the IPC. 7. In such circumstances, continuation of the criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i. The petition is allowed. - 4 - NC: 2025:KHC:15777 WP No. 6411 of 2025 ii. The impugned proceedings in C.C.No.14062/2023 on the file of XXXI Addl. Chief Metropolitan Magistrate, Bengaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 28 CT: BHK