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2025 DAILYLAW 21333 (KAR)

HARSHA v. STATE OF KARNATAKA

CRL.P/4220/2025 · 2025-04-03

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14075 CRL.P No. 4220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4220 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. HARSHA, AGED ABOUT 38 YEARS S/O SHIVAKUMAR R/AT NO 109, 4TH MAIN 4TH CROSS, MATHIKERE LAYOUT, BENGALURU - 560 054. 2. V. RAGHAVENDRA NAIDU, AGED ABOUT 54 YEARS, S/O VENKATARAMAIAH, R/AT NO 109, 4TH MAIN, 4TH CROSS, MATHIKERE LAYOUT, BENGALURU-560 054. …PETITIONERS (BY SRI. JEEVAN K., ADVOCATE) AND: STATE OF KARNATAKA BY PSI, JALAHALLI POLICE STATION REPRESENTED BY HCGP, HIGH COURT OF KARNATKA, BENGALURU-560 001. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR, HCGP) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14075 CRL.P No. 4220 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 17/01/2025 PASSED IN C.C NO.9412/2012 THEREBY ISSUING PROCLAMATION AS AGAINST PETITIONERS ON THE FILE OF VII ADDITIONAL CJM COURT AT BENGALURU VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent-State. 2. The petitioners who are facing trial for the offences punishable under Sections 419 and 420 of IPC are before this Court seeking relief. 3. The petitioners were enlarged on bail subject to certain terms and conditions and one of the condition was that they were required to appear before the Trial Court as and when summoned. The petitioners having not appear before the Trial Court on 02.12.2024, the Trial Court issued non-bailable warrant to secure their presence. However, the Trial Court on 17.01.2025 issued a proclamation against the petitioners. 4. The petitioners undertake to appear before the Trial Court on the next date of hearing and also regularly as and when summoned. The undertaking is placed on record. - 3 - NC: 2025:KHC:14075 CRL.P No. 4220 of 2025 5. In view of the undertaking given by the petitioners, it would be appropriate to quash the impugned proclamation. 6. Accordingly, petition is allowed. 7. The impugned orders dated 17.01.2025, 18.2.2025 and 06.03.2025 passed by the VIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.9412/2012 are hereby quashed. 8. The petitioners shall appear before the Trial Court on the next date of hearing and also regularly as and when summoned. Failing which, the Trial Court is at liberty to revive the impugned orders. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AP CT:TSM List No.: 1 Sl No.: 30