- 1 - NC: 2025:KHC:10505 CRL.P No. 3456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3456 OF 2025 BETWEEN: SHER SINGH @ SHOBIA S/O KANTE, AGED ABOUT 43 YEARS, R/AT NO.41, NEAR GLASS FACTORY, REDDY'S HOUSE, CHELEKERE, BANGALORE-560 043. …PETITIONER (BY SRI. ROHAN S., ADVOCATE FOR SRI. BALAKRISHNA M.R., ADVOCATE) AND: STATE OF KARNATAKA BY HENNUR PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S. 482 (FILED U/S. 528 BNSS) CR.P.C, 1973 PRAYING TO SET ASIDE THE ORDER DATED 06.03.2025 PASSED BY THE HON'BLE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-29) IN S.C.NO.1286/2019 REGISTERED BY THE RESPONDENT/HENNUR POLICE FOR THE ALLEGED OFFENCES P/U/S 302, 326, 341, 323, 504, 506 R/W SECTION 149 OF IPC. 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:10505 CRL.P No. 3456 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the order passed by the Trial Court, wherein the bail bond of accused No.3 was forfeited to state, and non-bailable warrant came to be issued. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. 3. The petitioner was enlarged on bail for the offences punishable under Sections 302, 326, 341, 323, 504, 506 read with Section 149 of IPC by the Trial Court in the year 2019 subjected to certain terms and conditions, and one of the conditions imposed was that the petitioner was required to appear before the Trial Court without fail. 4. Perusal of the order sheet indicated that on 10.1.2025, accused No.3 was present, and on 15.2.2025, accused No.3 had remained absent. An exemption application was filed, and the presence of accused No.3 was exempted. On 6.3.2025, accused No.3 and his counsel were called out, and had remained absent. Therefore, the Trial Court was not justified in forfeiting of the bail bond, and issued a non-bailable warrant instead of providing one more opportunity to appear before the Trial Court. In such circumstances, the impugned order passed by the Trial Court is not legally sustainable. - 3 - NC: 2025:KHC:10505 CRL.P No. 3456 of 2025 5. Accordingly, the petition is allowed. The impugned order dated 06.03.2025 passed in SC No.1286/2019 by the learned XXVIII Addl. City Civil and Sessions Judge, Bangalore (CCH-29) insofar as it relates to forfeiting the bail bond of the petitioner - accused No.3 and issuing non-bailable warrant is hereby set aside. 6. The petitioner is required to appear before the Trial Court on 27.3.2025, failing which, the Trial Court shall pass appropriate order in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 1