- 1 - NC: 2025:KHC:16105 CRL.P No. 5287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5287 OF 2025 BETWEEN: 1. MAHALINGAIAH S/O KURIMUDDAIAH, AGED ABOUT 40 YEARS, 2. JAYALAKSHMAMMA @ JAYAMMA W/O BASAVARAJU AGED ABOUT 30 YEARS, BOTH ARE R/AT LAKKANAHATTI VILLAGE, BELLAVI HOBLI, TUMAKURU - 572 107 …PETITIONERS (BY SRI. M. SHASHIDHARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLAVI PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. KALAIAH V K S/O KURIMUDDAIAH, AGED ABOUT 46 YEARS, R/AT LAKKANAHATTI VILLAGE, BELLAVI HOBLI, TUMAKURU - 572 107 …RESPONDENTS (BY SRI. LAKSHMANA B., HCGP FOR R1) THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF NBW AGAINST THE PETITIONERS DTD Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16105 CRL.P No. 5287 of 2025 14.12.2023 IN CC.NO.1414/2023 ORIGINATING FROM CR.NO.12/2023 OF THE RESPONDENT BELLAVI P.S., FOR THE OFFENCES P/U/S 323,324,326,504 R/W 34 OF IPC, PENDING BEFORE THE HONBLE III ADDL. CIVIL JUDGE AND JMFC, AT TUMAKURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent No.1. The petitioner who has been charge-sheeted for the offences punishable under Sections 323, 324, 326, 504 read with Section 34 of IPC is before this Court seeking relief. 2. The petitioner was enlarged on bail subject to appearing before the Trial Court as and when summoned. The petitioner initially had appeared before the Trial Court upon receipt of summons, and the case was transferred to III Addl. Civil Judge and JMFC, Tumakuru. However, the Trial Court issued NBW without issuing summons. The petitioern undertakes to appear before the Trial Court on the next date of hearing and also regularly as and when summoned. 3. In view of the above, the impugned order requires to be quashed. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. - 3 - NC: 2025:KHC:16105 CRL.P No. 5287 of 2025 ii. The order dated 14.12.2023 in C.C.No.1414/2023 pending before the III Addl. Civil Judge and JMFC, Tumakuru issuing NBW against the petitioner is quashed. iii. The petitioner to appear before the Trial Court on the next date of hearing and also regularly as and when summoned. Failing which, the Trial Court to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 76