- 1 - HC-KAR NC: 2025:KHC:28352 CRL.P No. 8865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8865 OF 2025 BETWEEN: RAHIMUDDIN S/O NOORUDDIN AGED ABOUT 27 YEARS, RESIDING AT NO. 701 7tH FLOOR, 31st BLOCK, BHC APARTMENT ANEKAL TALUK, PERMANENT ADDRESS, KOYACHABAGAN VILLAGE, LAL BAZAR TANA HYULAGUND, ASSAM STATE. …PETITIONER (BY SRI. BUDRANNISA, ADVOCATE) AND: STATE BY KARNATAKA ANEKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28352 CRL.P No. 8865 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 03.04.2025 PASSED BY THE III ADDL. DIST. AND SESSIONS JUDGE AT ANEKAL. BANGALORE RURAL DISTRICT AT BANGALORE IN SC NO.5046/2022, IN A CASE REGISTERED BY THE ANEKAL POLICE U/S 370 OF IPC, R/W SEC.3, 4, 5 AND 6 OF IMMORAL TRAFFIC PREVENTION ACT AND U/S 14 FOREIGNERS ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "a) to set-aside the order dated 03.04.2025 passed by the III Additional District and Sessions Judge at Anekal, Bangalore Rural District at Bangalore, in S.C.No.5046/2022, in a case registered by the Anekal Police under Section 370 of IPC, r/w Section 3, 4, 5 and 6 of Immoral Traffic Prevention Act and U/Section 14 of Foreigners Act, b) Grant such other relief/s that this Hon'ble Court deems fit to grant in the facts and circumstances of the case." 2. Learned counsel for the petitioner submits that the petitioner would appear before the Trial Court on the next date of hearing of S.C.No.5046/2022 which is posted on - 3 - HC-KAR NC: 2025:KHC:28352 CRL.P No. 8865 of 2025 02.09.2025, without awaiting further notice/summons from the Trial Court and as such, the impugned NBW and Proclamation Attachment Warrant issued against petitioner/accused No.2 vide impugned order dated 03.04.2025 may be set aside. 3. Submission is placed on record. 4. In view of the aforesaid undertaking given on behalf of petitioner/accused No.2 that he would appear before the Trial Court on the next date of hearing of S.C.No.5046/2022 dated 02.09.2025, I deem it just and appropriate to set aside the NBW, Proclamation, and Attachment Warrant issued against petitioner/accused No.2 and dispose of this petition by issuing certain directions. As a result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned order dated 03.04.2025 and issuing NBW and Proclamation Attachment Warrant as against the petitioner is hereby set aside subject to the condition that the petitioner shall appear before the Trial Court on the next date of hearing i.e., 02.09.2025. - 4 - HC-KAR NC: 2025:KHC:28352 CRL.P No. 8865 of 2025 without awaiting notice/summons from the Trial Court. iii. It is made clear that in the event the petitioner does not appear before the Trial Court on 02.09.2025, the NBW and Proclamation Attachment Warrant shall stand revived automatically and the Trial Court shall proceed further in the matter. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 37 CT: BHK