- 1 - NC: 2025:KHC:11813 CRL.P No. 3568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3568 OF 2025 BETWEEN: SHIVARAJ KUMARA @ KUMAR, S/O ANANTHARAJU, AGED ABOUT 35 YEARS, R/A NO. 72, 2ND CROSS, MADEEN NAGAR, B.T.M. LAYOUT, BANGALORE - 560 087. …PETITIONER (BY SRI. PRAKASHA K.V, ADVOCATE) AND: STATE BY MADIVALA POLICE BANGALORE DISTRICT, REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BANGALORE - 560 001. …RESPONDENT (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED 25.11.2024 AND ITS CONSEQUENTIAL PROCEEDINGS AGAINST THE PETITIONER IN CRIME NO.1039/2013 (CC.NO.10417/2021) FOR THE OFFENCES P/U/S. 399 AND 402 OF IPC BY MADIWALA POLICE BANGALORE PENDING ON THE FILE OF HONBLE COURT OF XXXIX ACJM., BENGALURU AS SUCH TERMS AS THIS HONBLE COURT DEEMS FIT TO IMPOSE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11813 CRL.P No. 3568 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused, who is facing charges for offences punishable under Sections 399 and 402 of the IPC, is before this Court seeking relief. 2. The petitioner/accused was released on bail in the aforementioned case, subject to certain conditions. One such condition required the petitioner to appear before the trial Court when summoned. Despite the issuance of summons, the petitioner failed to appear before the trial Court, leaving the Court with no option but to issue a non-bailable warrant and a proclamation under Section 82(3) of the Cr.P.C. 3. The learned counsel for the petitioner and the learned HCGP for the respondent (State) were heard. 4. The petitioner has now undertaken to appear before the trial Court on the next scheduled date and thereafter, on a regular basis, whenever summoned. 5. The submission of this undertaking is hereby placed on record. - 3 - NC: 2025:KHC:11813 CRL.P No. 3568 of 2025 6. In view of the petitioner’s undertaking to appear as required by the trial Court, it is appropriate to quash the impugned order. ORDER i. Accordingly, petition is allowed. The impugned proceedings order dated 25.11.2024 passed by the XXXIX ACJM, Bengaluru in C.C.No.10417/2021 is hereby quashed. ii. The petitioner shall appear before the trial Court on the next date of hearing and regularly thereafter, as and when summoned. In the event the petitioner fails to appear before the trial Court on the next date of hearing, the trial Court is at liberty to revive the impugned proclamation order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 9 CT: BHK