- 1 - NC: 2025:KHC:12364 CRL.P No. 4069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4069 OF 2025 BETWEEN: SRI SYED SADATH S/O SAYED MOHIDDIN, AGED ABOUT 37 YEARS, R/AT. NO.17, 2ND CROSS, 9TH MAIN, NEAR INDIAN SCHOOL, J.P. NAGAR, BENGALURU- 560078. …PETITIONER (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH VYALIKAVAL POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. MITHU SHAIK, S/O AKHIR SHAIK, AGED ABOUT 38 YEARS R/AT. PREM NAGAR, KAMMALA NAGAR, BENGALURU-560 003. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP) THIS CRL.P IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 30.11.2024 Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12364 CRL.P No. 4069 of 2025 IN S.C.NO.375/2019 PASSED BY THE COURT OF LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-67). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent No.1. 2. The petitioner - accused No.1, who is facing the trial for the offences punishable under Sections 170, 171, 347, 397, 388, 365 of IPC, is before this Court seeking relief. 3. The petitioner, who was issued with summons, did not appear before the Trial Court on several occasions leaving with no option for the Trial Court to issue proclamation under Section 82(3) of Cr.PC. 4. The petitioner undertakes to appear before the Trial Court on the next date of hearing, and also regularly as and when summoned. The said undertaking of the petitioner is placed on record. 5. In view of the undertaking by the petitioner, it would appropriate to quash the impugned proceedings. 6. Accordingly, the petition is allowed. The impugned order dated 30.11.2024 passed by the learned LXVI Addl. City Civil and Sessions Judge, Bengaluru (CCH 67), is hereby set - 3 - NC: 2025:KHC:12364 CRL.P No. 4069 of 2025 aside subject to petitioner appearing before the trial Court on the next date of hearing and also regularly as and when summoned before the Trial Court. In the event, the petitioner fails to appear on the date of hearing and also regularly as and when summoned, the impugned order shall stand revived. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 63