- 1 - NC: 2025:KHC:11471 CRL.P No. 3898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3898 OF 2025 BETWEEN: KARTHIK NARAYAN SWAMY @ KISHORE S/O NARAYAN SWAMY AGED ABOUT 41 YEARS, R/AT NO.4, 3RD A CROSS, 30TH MAIN ROAD, NEAR LAKE ROAD, 2ND STAGE, BTM LAYOUT, BANGALORE- 560 076. …PETITIONER (BY SRI. RAKSHITH R.,ADVOCATE) AND: STATE OF KARNATAKA BY KORAMANGALA PS REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP FOR R-1) THIS CRL.P IS FILED U/S. 482 (FILED U/S. 528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER OF PROCLAMATION DATED 10.11.2021 ISSUED AGAINST THIS PETITIONER IN CR.NO.313/2011 OF KORAMANAGALA P.S., FOR THE OFFENCE P/US/ 341, 324 R/W SECTION 34 OF IPC PENDING ON THE FILE OF THE XXXIX ACMM AT BENGALURU IN C.C.NO.2663/2014. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11471 CRL.P No. 3898 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No.1-State. 2. The petitioner, who is facing trial for offences punishable under Sections 341 and 324 read with Section 34 of the Indian Penal Code (IPC), has approached this Court seeking relief. 3. The learned Magistrate took cognizance of the aforementioned offences on 3.2.2014. Subsequently, when the petitioner failed to appear before the Trial Court as summoned, the Court canceled the bail, forfeited the bonds, and issued a Non-Bailable Warrant (NBW) against the petitioner on 17.07.2016. Despite the issuance of the NBW, the petitioner did not appear before the Trial Court, leading the Court to issue a proclamation under Section 82(2) of the Code of Criminal Procedure (Cr.P.C.). 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 5. The petitioner asserts that, after the Court took cognizance of the offences, he was not served with a summons and was unaware of the pending trial. - 3 - NC: 2025:KHC:11471 CRL.P No. 3898 of 2025 Consequently, he did not appear before the Trial Court as required. The petitioner undertakes to appear before the Trial Court on the next date of hearing and to attend regularly as summoned. 6. In view of the undertaking given by the petitioner’s counsel, the impugned order of proclamation issued by the Trial Court warrants reconsideration. 7. Accordingly, the petition is allowed. 8. The impugned order of proclamation dated 10.11.2021, issued by the XXXIX Additional Chief Metropolitan Magistrate at Bangalore in C.C.No.2663/2014, is hereby set aside, subject to the petitioner attending the Trial Court on the next date of hearing and regularly thereafter as summoned. 9. In the event the petitioner fails to appear before the Trial Court on the next date of hearing, the impugned order of proclamation dated 10.11.2021 shall stand restored. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 10