- 1 - HC-KAR NC: 2025:KHC:21630 CRL.P No. 7648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7648 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: ELIZEBETH JOSEPH, W/O ABY JOSEPH AGED ABOUT 38 YEARS R/AT RAJANI BHAVANAM, AYAPARAMPU POST, KARUVATTA VIA ALLAPUZHA DISTRICT, KERALA – 690 517 …PETITIONER (BY SRI. SHIVARUDRA, ADVOCATE) AND: STATE OF KARNATAKA REP. BY UPPARPETE POLICE STATION, BANGALORE – 560 009 REP. BY SPP, HIGH COURT, BENGALURU – 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF PROCLAMATION PASSED BY THE V ACMM COURT, BANGALORE IN C.C. NO.35434/2006 DATED 10.10.2013 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21630 CRL.P No. 7648 of 2025 ORAL ORDER In this petition, petitioner seeks for the following reliefs: “i) Call for records pending on the files of 5th ACMM, Bangalore in C.C.No.35434/2006; ii) Set aside the order of proclamation passed by the V ACMM Court, Bengaluru in C.C.No.35434/2006 dated 10.10.2013; iii) Permit the petitioner to appear before the V ACMM Court, Bangalore and seek for a regular bail and pass order as deemed fit by this Hon’ble Court, in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid proceedings in C.C.No.35434/2006 filed by the respondent in which the respondent is arraigned as accused No.1, the Trial Court has issued attachment warrant and proclamation warrant under Sections 82 and 83 of Cr.P.C. Aggrieved by the same, the petitioner is before this Court by way of the present petition. It is submitted that if the issuance of attachment warrant, proclamation warrant and NBW as against the petitioner are set - 3 - HC-KAR NC: 2025:KHC:21630 CRL.P No. 7648 of 2025 aside, petitioner would appear before the Trial Court on the next date of hearing and contest the proceedings in accordance with law. 4. The aforesaid submission is placed on record. 5. Accordingly, the petition is hereby disposed of. The impugned proclamation warrant, attachment warrant and NBW are hereby set aside. Petitioner is directed to appear before the Trial Court on the next date of hearing. 6. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 94