- 1 - HC-KAR NC: 2025:KHC:23453 CRL.P No. 8626 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8626 OF 2025 BETWEEN: SMT. G.R.PADMASREE, W/O SITARAM, AGED ABOUT 46 YEARS, RESIDING AT NO.2093, 8TH MAIN, 3RD CROSS, JUDICIAL LAYOUT, YELAHANKA, BENGALURU – 560 064. …PETITIONER (BY SRI. S. DORE RAJU, ADVOCATE) AND: STATE OF KARNATAKA, BY YELAHANKA POLICE, REPRESENTED BY THE S.P.P., HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BANGALORE – 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) *** THIS CRL.P. IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF ACCEPTANCE OF B-REPORT DATED 12.06.2023 BY LEARNED 4th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU IN CR.NO.82/2022 OF YELAHANKA POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 34, 406 AND 420 OF IPC. THIS CRL. PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23453 CRL.P No. 8626 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief:- " Wherefore, the petitioner above named most respectfully and humbly prays that this Hon'ble Court may be pleased to set-aside the order of acceptance of B report dated 12.06.2023 by learned 4th Additional Chief Metropolitan Magistrate at Bengaluru in Crime No.82/2022 of Yelahanka Police for the offences punishable under Sections 34, 406, and 420 of IPC in the interest of justice and equity. " 2. Heard the learned counsel for the petitioner and learned HCGP for respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner complainant filed a complaint dated 23.03.2022 against one Lakshminarayana L.S. and others for the offences punishable under Sections 34, 406 and - 3 - HC-KAR NC: 2025:KHC:23453 CRL.P No. 8626 of 2025 420 of IPC, which was registered as FIR in Crime No.82/2022 by the respondent-Yelahanka Police. 4. In Pursuance of the same, the respondent conducted investigation and filed a 'B' report which was submitted to the learned Magistrate, who ordered for notice to complainant on 05.05.2023 and posted the matter for appearance and objections by the petitioner on 12.06.2023. 5. Learned counsel for the petitioner submits that since notice ordered by the learned Magistrate calling upon the petitioner to file his objections to the 'B' report filed by the respondent and appearance before the Court was not served upon the petitioner, the petitioner could not be present on 12.06.2023 along with his counsel, as a result of which, the Trial Court has proceeded to pass the impugned order, accepting the 'B' report and closing the proceedings, aggrieved by which, the petitioner is before this Court, by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:23453 CRL.P No. 8626 of 2025 6. A perusal of the aforesaid material on record will indicate that the inability and omission on the part of the petitioner to appear before the Trial Court on 12.06.2023 and file his objections to the 'B' report submitted by the respondent was due to bona fide reasons, unavoidable circumstances and sufficient cause. Under these circumstances, adopting the justice oriented approach and in order to provide one more opportunity to the petitioner, I deem it just and appropriate to set aside the impugned order dated 12.06.2023 and remit the matter back to the Trial Court for reconsideration afresh in accordance with law, after providing an opportunity to the petitioner to file his protest petition/objections to the 'B' report and to proceed further in accordance with law. 7. Accordingly, I pass the following: ORDER i. The petition is hereby allowed; ii. The impugned order dated 12.06.2023 passed by the IV Additional Chief - 5 - HC-KAR NC: 2025:KHC:23453 CRL.P No. 8626 of 2025 Metropolitan Magistrate, Bangalore City, accepting the 'B' report submitted by the respondent, is hereby set aside and the matter is remitted back to the Trial Court for reconsideration of the 'B' report afresh; iii. Petitioner to appear before the Trial Court on 21.07.2025, without awaiting further notice from the Trial Court; iv. Petitioner is further directed to file his protest petition before the Trial Court on 21.07.2025, which shall be considered by the Trial Court and reconsider the entire matter afresh and proceed further in accordance with law, after affording sufficient and reasonable opportunity to the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 15