- 1 - HC-KAR NC: 2025:KHC:21991 CRL.P No. 8376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8376 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. KUMAR G M R S/O GIRIYAPPA K V AGED ABOUT 49 YEARS RESIDING AT 71, 2ND MAIN 2ND A CROSS, CHOLURPALYA BENGALURU-560 023. …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAGADI ROAD POLICE STATION (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. M DEVIKA W/O LATE DEVARAJU AGED ABOUT 60 YEARS RESIDING AT NO.17/2, HACHINS ROAD NEAR REDSIDENT APARTMENT, COOK TOWN BENGALURU-560 005. …RESPONDENTS (BY SRI NAGESHWARAPPA K., HCGP FOR R.1; NOTICE TO R.2 IS DISPENSED WITH VIDE COURT ORDER DATED 24.06.2025.) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21991 CRL.P No. 8376 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE NBW ISSUED AGAINST PETITIONER VIDE ORDER DATED 07.10.2024 IN SPL.C.C NO.1972/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 341, 506 READ WITH SECTION 34 OF IPC AND SECTION 9 KPIDFE ACT, WHICH IS PENDING ON THE FILE OF HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU AND SPECIAL COURT FOR KPIDFE ACT, AT BENGALURU, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner has sought for the following relief: "WHEREFORE, the Petitioner above named prays that this Hon'ble Court may be pleased to quash the NBW issued against Petitioner vide order dated 07.10.2024 in Spl.C.C. No.1972/2024 for the offences punishable under Sections 406, 420, 341, 506 read with Section 34 of IPC and Section 9 KPIDFE Act, which is pending on the file of Hon'ble Principal District and Sessions Judge, Bengaluru and Spl. Court for KPIDFE Act, at Bengaluru, in the interests of justice and equity." - 3 - HC-KAR NC: 2025:KHC:21991 CRL.P No. 8376 of 2025 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Notice to respondent No.2 is dispensed with. 3. A perusal of the material on record will indicate that in the aforesaid proceedings instituted against the petitioner/accused No.2 which is pending in Special C.C.No.1972/2024 before the trial court for the offences punishable under Sections 406, 420, 341, 506 read with Section 34 of IPC and Section 9 of KPIDFE Act, the trial court passed the impugned order dated 07.10.2024 directing issuance of non-bailable warrant against the petitioner, who is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the matter is posted before the trial court on 30.06.2025 and the petitioner would appear before the trial court on that day and file an application for regular bail and till the said application is considered and disposed of by the trial court, the impugned order dated 07.10.2024 and the non-bailable warrant issued against the petitioner may be kept in abeyance. Submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:21991 CRL.P No. 8376 of 2025 5. In view of the aforesaid facts and circumstances of the case and specific assertion on the part of the petitioner that he would appear before the trial court on 30.06.2025 and make an application seeking regular bail before the trial court, without expressing any opinion, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 07.10.2024 and non-bailable warrant issued against the petitioner by issuing certain conditions upon him. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 07.10.2024 and the non-bailable warrant issued against the petitioner in Special C.C.No.1972/2024 before the trial court for the offences punishable under Sections 406, 420, 341, 506 read with Section 34 of IPC and Section 9 of KPIDFE Act is hereby set aside subject to the condition that the petitioner shall appear before the trial court on 30.06.2025 without awaiting notice from the trial court. - 5 - HC-KAR NC: 2025:KHC:21991 CRL.P No. 8376 of 2025 (iii) It is made clear that in the event the petitioner does not appear before the trial court on 30.06.2025, the trial court shall proceed to execute the non-bailable warrant issued against the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 9