- 1 - NC: 2025:KHC:307 CRL.P No. 10319 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10319 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI C MADHUSUDHAN S/O CHANDRAN, AGED ABOUT 41 YEARS R/AT SATHUVACHARI VELLORE DISTRICT TAMILNADU STATE. …PETITIONER (BY SRI. VENKATESHA, ADVOCATE) AND: STATE BY MAHADEVAPURA POLICE STATION BENGALURU. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CRPC PRAYING TO SET ASIDE THE ORDER DTD 08.09.2023 IN CC.NO.57843/2018 ON THE FILE OF THE LEARNED XXIX ACMM MAYOHALL UNIT AT BENGALURU AND RECALL THE NBW ISSUED AS AGAINST THE PETITIONER. I.A THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:307 CRL.P No. 10319 of 2024 ORAL ORDER This petition by accused No.4 in C.C.No.57843/2018 on the file of the XXIX ACMM (Mayohall Unit), Bengaluru (for short “the Trial Court”) is directed against the impugned order dated 08.09.2023, whereby the application filed by the petitioner-accused No.4 under Section 70(2) of Cr.P.C. seeking recalling of non- bailable warrant issued as against the petitioner was rejected by the Trial Court. 2. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. 3. A perusal of the impugned order will indicate that the Trial Court has failed to appreciate the fact that that the petitioner had gone to USA on 05.09.2023, as a result of which he could not be present before the Trial Court, which in turn issued non-bailable warrant, which deserves to be recalled. 4. It is relevant to state that the Trial Court has adopted a hyper technical approach in rejecting the application filed by the petitioner without appreciating the fact that valid and sufficient ground had been made out by the petitioner to seek recalling of the non-bailable warrant issued against him and consequently, the - 3 - NC: 2025:KHC:307 CRL.P No. 10319 of 2024 impugned order passed by the Trial Court deserves to be set aside and the application filed by the petitioner accused No.4 under Section 70(2) of Cr.P.C. deserves to be allowed. 5. In the result, I pass the following: ORDER i) The Criminal Petition is allowed. ii) The impugned order dated 08.09.2023 passed in C.C.No.57843/2018 by the XXIX ACMM (Mayohall Unit), Bengaluru, in so far as it relates to rejecting the application filed by the petitioner-accused No.4 under Section 70(2) Cr.P.C. is set aside. iii) The application filed by the petitioner-accused No.4 under Section 70(2) of Cr.P.C. is allowed only in so far as the petitioner-accused No.4 is concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 38