- 1 - NC: 2025:KHC:10953 CRL.P No. 11259 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.11259 OF 2024 BETWEEN: 1. V. VISHNU DEVAN @ VISU @ POCHI, S/O C.K. VASUDEVAN, AGED ABOUT 27 YEARS, R/AT C/O KRISHNAMURTHY, NO.53, KRISHNAMURTHY COLONY, HOSA BYAPPANAHALLI, BENGALURU – 560 038. …PETITIONER (BY MISS. JAYANTHI R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BYAPPANANHALLI POLICE STATION, BENGALURU, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.445/2022 IN CRIME NO.206/2021 BY RESPONDENT BYAPPANAHALLI POLICE STATION, BENGALURU REGISTERED FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 302 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF THE LEARNED LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-20) AND C/C OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10953 CRL.P No. 11259 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 2. In the previous occasion, the learned counsel for the petitioner made the submission that the witnesses have not been produced before the Trial Court and hence explanation is sought from the Investigating Officer through the learned High Court Government Pleader. The learned High Court Government Pleader submits that the matter was adjourned for cross- examination of the witnesses and P.W.1 to P.W.3 are examined and not yet cross-examined the witnesses and regarding remaining witnesses is concerned, proclamation is issued. 3. Having perused the material on record, no doubt, this Court vide order dated 10.07.2024, directed the Trial Court to dispose of the matter as expeditiously as possible and subsequent to the passing of this order, only one witness has been examined i.e., P.W.3 on 23.08.2024. The learned counsel for the petitioner made the submission that there was no cross- - 3 - NC: 2025:KHC:10953 CRL.P No. 11259 of 2024 examination and hence warrant was issued and warrant was not executed and hence proclamation was issued against the prosecution witnesses vide order dated 15.01.2025. The order sheet dated 01.02.2025 discloses that the learned PP argued the matter on merits and filed the memo with citation. But in the previous date of hearing on 15.01.2025, proclamation was re- issued against C.Ws.1 and 7 to 11 through DCP and there is no any status with regard to whether proclamation was executed or not. Witness summons was also issued to C.Ws.12 to 14 and there is no reference with regard to C.Ws.12 to 14 and subsequently on 01.02.2015, C.Ws.12 to 14 were called out and absent and hence NBW was issued against them. The Investigating Officer has also not taken any interest in producing C.Ws.1 and 7 to 11 and also not produced any material regarding execution of proclamation and except issuance of warrant and proclamation, nothing is found in the order sheet for execution of the same. Though P.W.1 was examined in 2022 and P.W.2 was examined in the month of February 2023, the learned counsel for the accused not cross-examined P.W.1 and P.W.2, but made the submission that other witnesses have not been examined. Instead of cross-examining P.W.1 and P.W.2, the accused has approached this Court by filing the bail - 4 - NC: 2025:KHC:10953 CRL.P No. 11259 of 2024 application and even not filed any application for recalling of P.W.1 and P.W.2 for cross-examination though taken as nil. The prosecution is also not showing any interest in examining the witnesses and only P.W.3 was examined on 23.08.2024. 4. Having perused the order sheet, the Trial Court has not properly conducted the proceedings. Hence, the Presiding Officer is directed to take note of the same as there are contra modes as against the order sheet dated 15.01.2025 and 01.02.2025. Without completion of the prosecution evidence, the question of hearing the learned PP on merits and also filing of citation does not arise, which was mentioned in the order sheet dated 01.02.2025. Hence, the Investigating Officer, who is present before the Court is directed to execute the proclamation issued against C.Ws.1 and 7 to 11 as well as execute the warrant issued against C.Ws.12 to 14 and assist the Trial Court in disposal of the matter in view of the direction given by this Court in terms of order dated 10.07.2024 as ordered in Crl.P.No.5382/2024. Having considered the material on record, this Court has already given direction to dispose of the matter expeditiously and hence both the learned counsel for the accused as well as the learned counsel for the State are - 5 - NC: 2025:KHC:10953 CRL.P No. 11259 of 2024 directed to assist the Trial Court in disposal of the matter within a period of six months from today. 5. With these observations, the criminal petition is disposed of. 6. The Registry is directed to communicate this order to the concerned Presiding Officer, forthwith. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 74