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2025 DAILYLAW 22114 (KAR)

SRI SANDEEP SHETTY v. STATE OF KARNATAKA

CRL.P/4679/2025 · 2025-04-08

Hemant Chandangoudar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15088 CRL.P No. 4679 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4679 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI SANDEEP SHETTY AGED ABOUT 32 YEARS, S/O RAJEEVA SHETTY, R/AT NEAR INDIAN GAS, NEAR AYYAPPASWAMY TEMPLE, GURURAJA LAYOUT, BSK 3RD STAGE, BENGALURU-85 ALSO AT SRI. SANDEEPA, AGED ABOUT 32 YEARS, S/O RAJEEVA SHETTY, NO 1-151, MEL VADNALI, EDMOGE, YEDAMOGE, KUNDAPURA TQ, UDUPI DIST. …PETITIONER (BY SRI. PRAKASH SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, HANUMANTHANAGARA POLICE STATION, HANUMNATHANAGAR, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001. 2. SMT SUBBALAKSHMI, AGED ABOUT 75 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15088 CRL.P No. 4679 of 2025 W/O LATE T.B. SRIKANTAIAH, R/AT NO 42/25, 2ND CROSS, 3RD BLOCK, JAVARAIAH GARDEN, THYAGARAJANAGARA, BENGALURU-28 …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PLEASED TO QUASH THE ORDER DATED 25.04.2023 IN CC NO.6167 OF CRIME NO.56/2020 ON THE FILE OF XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND NOT IT IS BEEN TRANSFERRED TO XXXVII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU, REGISTERED BY THE HANUMANTHANAGARA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 392 OF THE CRIMINAL PROCEDURE CODE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner (accused), who is facing trial for the offence punishable under Section 392 of the IPC, is before this Court seeking relief. 2. The petitioner was enlarged on bail subject to certain terms and conditions, one of which required him to appear before the Trial Court as and when summoned. However, he failed to comply with this condition, prompting the Trial Court to issue a non-bailable warrant along with attachment warrants for movable and immovable properties, as well as a proclamation under Sections 82 and 83 of the Cr.P.C. - 3 - NC: 2025:KHC:15088 CRL.P No. 4679 of 2025 3. The petitioner now undertakes to appear before the Trial Court on the next date of hearing and to continue appearing regularly as and when summoned. In view of this undertaking, and considering the circumstances, it would be appropriate to quash the impugned proceedings. 4. Accordingly, the petition is allowed. The impugned order dated 25.04.2023 passed in C.C. No. 6167/2021 by the learned XXIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby set aside. 5. The petitioner is directed to appear before the Trial Court on the next date of hearing and to continue appearing regularly as and when summoned. Failing this, the Trial Court is at liberty to revive the impugned order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 12