- 1 - NC: 2025:KHC:10479 CRL.P No. 3465 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. 3465 OF 2025 BETWEEN: 1. MR. MAHESHKUMAR C S/O CHIKAIAH AGED ABOUT 62 YEARS RESIDING AT NO.137, AVVANA MANE, GANDHINAGAR, BHADRAVATHI SHIVAMOGGA-577 301. CHARGESHEET ADD: R/A: MBK 72/K NEW TOWN, BHADRAVATHI, SOUBHAGYA NILAYA SATHYASAI LAYOUT, KAADUGODI, BENGALURU. …PETITIONER (BY SRI. M.S. SHYAM SUNDAR, SENIOR ADVOCATE FOR SRI. RAKSHITH K.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560 009. 2. STATE OF KARNATAKA BY COD POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR FOR COD POLICE, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10479 CRL.P No. 3465 of 2025 HIGH COURT OF KARNATAKA BANGALORE-560 009. 3. MRS. SATHYAVATHI W/O A S PATTABHIRAMAN AGED ABOUT 81 YEARS, MANAGER, SBI, RESIDING AT NO.607A, 1ST MAIN ROAD, E BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC, 1973 (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 11.03.2025 PASSED BY LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN S.C.NO.1151/2008 WHEREIN TRIAL COURT HAS REJECTED THE EXEMPTION APPLICATION FILED U/S 317 OF THE CR.PC. 1973 BY THE PETITIONER AND HAS ISSUED THE NON BAILABLE WARRANT AGAINST THE PETITIONER PRODUCED AT ANNEXURE-A AS FAR AS PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Accused No.1, who is facing the trial for the offence punishable under Section 364 of IPC, is before this Court seeking relief. 2. The trial is of the year 2008. The learned Special Public Prosecutor was appointed to prosecute the case on behalf of the State. The petitioner - accused No.1 had - 3 - NC: 2025:KHC:10479 CRL.P No. 3465 of 2025 remained absent on 4.3.2025, and his counsel filed an application for exemption citing ill-health. The Trial Court rejected the application on the submission made by the friend of the learned Special Public Prosecutor stating that accused No.1 had threatened the learned Special Public Prosecutor on phone that he would write to the Government to change the Prosecutor. On the submission made by the friend of learned State Public Prosecutor, the Trial Court rejected the application for exemption and issued non-bailable warrant. 3. Heard Sri M S Shyamsundar, learned Senior Counsel representing the petitioner's counsel, and the learned High Court Government Pleader for the respondent. 4. The application for exemption has been rejected solely on the submission made by the friend of learned Special Public Prosecutor, who had stated that accused No.1 threatened the learned Special Public Prosecutor on phone. Without verifying the genuineness of the allegation, the Trial Court has rejected the application, and the same is not legally sustainable. 5. The petitioner had also filed an application for exemption citing ill-health. Without considering the said reason, the Trial Court passed the impugned order. 6. Accordingly, the petition is allowed. The impugned order dated 11.3.2025 passed in SC No.1151/2008 by the learned LI Additional City Civil and Sessions Judge at Bengaluru, (CCH-52), insofar as it relates to rejecting the - 4 - NC: 2025:KHC:10479 CRL.P No. 3465 of 2025 application for exemption, and issuing non-bailable warrant against the petitioner - accused No.1 is hereby set aside. 7. The petitioner - accused No.1 to appear before the Trial Court on 17.3.2025, failing which, the Trial Court shall pass appropriate order in accordance with law. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 2