- 1 - NC: 2025:KHC-D:3220 WP No. 101092 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101092 OF 2025 (GM-RES) BETWEEN: 1. PRASAD M R S/O. GOVINDRAO AGE. 75 YEARS, OCC. BUSINESS, R/O. KANAIAH RESIDENCY 30, 4TH MAIN, KHB COLONY, 1ST STAGE, BASAVESHWAR NAGAR, DIST. BENGALURU-560079. 2. K SRINIVAS REDDY S/O. K. KRISHNAREDDY AGE. 55 YEARS, OCC. BUSINESS, R/O. H.NO.105, IRISH TOWER, APT, VARMA LAYOUT, SWAMY VIVEKANANDA NAGAR, DIST. BENGALURU-560003. 3. KRISHNA S/O. GANAPATI VALVEKAR AGE. 57 YEARS, OCC. BUSINESS, R/O. GKW NIWAS, MAVUR ROAD, PATTEMELLA, CALICUT, KERALA STATE-673001. 4. MOTILAL S/O. BALAKRISHNA KATHARE AGE. 76 YEARS, OCC. BUSINESS, R/O. FLAT NO. 202, GOLD CAST TOWER, SOMESHWAR WADI, PUNE-410014, MAHARASHTRA. 5. CHANABASAPPA R H S/O. R P HONNAPPA AGE. 88 YEARS, OCC. CHARTED ACCOUNTANT, R/O. NO. 119, 4TH A CROSS, 19TH MAIN, 1ST N BLOCK, RAJAJINAGAR, BANGALORE-560010. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:37 +0530 - 2 - NC: 2025:KHC-D:3220 WP No. 101092 of 2025 HIGH COURT OF KARNATKA DHARWAD, THROUGH HUBBALLI TOWN POLICE STATION-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF Cr.P.C. PRAYING TO, IT IS MOST HUMBLY PRAYED THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDE DATED 23-01- 2025 PASSED ON THE APPLICATION FILED UNDER SECTION 205 OF CR.P.C. IN C.C.NO.3430/2023 ON THE FILE OF THE JMFC I COURT AT HUBBALLI VIDE ANNEXURE-F AND CONSEQUENTLY, ALLOW THE APPLICATION FILED UNDER SECTION 205 OF CR.P.C., AND GANT PERMANENT EXEMPTION TO THE PETITIONERS BEFORE THE TRIAL COURT, VIDE ANNEXURE-B TO B4 IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned counsel’s submission is accepted, and the office objections are accepted. 2. The petitioners, who are facing trial for offences punishable under Sections 120B, 419, 420, 463, 464, 465, 467, 468, 471, 472, and 476 of the Indian Penal Code, are before this Court. 3. The petitioners filed applications under Section 205 of the Cr.P.C. seeking permanent exemption from appearance. These applications were filed on 28.02.2024. Later, on 30.09.2024, an application under Section 339 of BNSS, 2023 was filed seeking permission to assist the Public Prosecutor. The Trial Court, vide its order dated 20.01.2025, allowed the latter application and - 3 - NC: 2025:KHC-D:3220 WP No. 101092 of 2025 adjourned the matter to 14.02.2025. However, the Trial Court, suo moto, pre-poned the case on 23.01.2025 and dismissed the applications filed under Section 205 of the Cr.P.C. by the petitioners. 4. Heard the learned counsel for the parties. 5. A perusal of the order sheet dated 20.01.2025 indicates that the application filed by the complainant to assist the Public Prosecutor was allowed, while no order was passed on the applications filed by the petitioners under Section 205 of the Cr.P.C. Subsequently, the Trial Court, having adjourned the matter to 14.02.2025, suo moto advanced the case on 23.01.2025 and passed an order rejecting the petitioners’ applications without affording them an opportunity to be heard. This impugned order violates the principles of natural justice. Accordingly, the petition is allowed. 6. The impugned order dated 23.01.2025, passed on the application filed under Section 205 of the Cr.P.C. in C.C. No.3430/2023 by the learned JMFC-I Court, Hubballi, is hereby set aside, and the application is restored to its file with directions that an appropriate order be passed on it after affording the petitioners an opportunity to be heard. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 31