- 1 - HC-KAR NC: 2025:KHC:54791 CRL.P No. 17536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 17536 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: LOKESH N R S/O RAJANNA, AGE. 38 YEARS R/AT NO. 71/72 1ST FLOOR, 1ST MAIN 2ND CROSS, RAJAREDDY LAYOUT T DASARHALLI, BENGALURU -560073, …PETITIONER (BY SRI. CHANDRASHEKAR R P.,ADVOCATE) AND: 1. THE STATE BY SUBRAMANYANAGAR P S BENGALURU 560010 (REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 01) 2. NARAYANAPPA S/O LATE LINGAPPA AGE 66 YEARS R/AT DHOBIGHAT, BESIDE ISCON TEMPLE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54791 CRL.P No. 17536 of 2025 WEST OF CHORD ROAD, BENGALURU - 10 (AS PER CHARGE SHEET) …RESPONDENTS (BY SMT. SOWMYA R, HCGP., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 18/12/2025 CANCELING THE BAIL BOND) AND ISSUANCE OF NBW IN S.C NO. 1461/2014 ARISING OUT OF CRIME NO. 148/2014 OF SUBRAMANYANAGAR P S, FOR OFFENSES PUNISHABLE UNDER SECTION 302, 201, R/W 34 OF IPC BY LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH 63). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The petitioner has filed this petition to set aside the order dated 18.12.2025 canceling the bail bond and issuance of NBW in S.C.No.1461/2014 arising out of Crime No.148/2014 of Subramanyanagar Police Station for the offence punishable under Sections 302 and 201 read with Section 34 of IPC, by - 3 - HC-KAR NC: 2025:KHC:54791 CRL.P No. 17536 of 2025 LXII Addl. City Civil and Sessions Judge, Bengaluru City (CCH- 63). 2. That on 18.12.2025, the Court has passed the following - "ORDER A1, 4 and 5 are present. A2 and 6 are absent, EP filed for A2 and 6, perused the ordersheet, A2 and 6 are regularly absent. Hence EP is rejected. Issue NBW to A2 and 6 and their bail bonds stands cancelled. Learned PP files application U/s. 311 of Cr.PC. for seeking recall the PW26 for the purpose of further chief and also files another application U/s 311 of Cr.P.C. for seeking issue summons to Asst. Director in DNA Section, FSL, Madiwal for seeking to adduce the evidence. Other side copy served. Counsel for the accused prays time for objection to applications. For FDT. Call on 17.01.2026." 3. On perusal of this order, it is clear that the Trial Court has not assigned any reasons for rejection of exemption application. That, on 18.12.2025, no witness was present before the Trial Court. In fact, the presence of accused No.2 and 6 was not required. However, the Trial Court has rejected - 4 - HC-KAR NC: 2025:KHC:54791 CRL.P No. 17536 of 2025 the exemption application and issued NBW against accused No.2 and 6 and on the same day the Trial Court has cancelled the bail bonds. The Trial Court has passed the order without assigning any reasons. Hence, same is not sustainable. Accordingly, I proceed to pass the following - ORDER i. The Petition is allowed. ii. The order passed by the Trial Court dated 18.12.2025 in respect of issuance of NBW against petitioner - accused No.2 and cancellation of bail bond is set aside. iii. The petitioner - accused No.2 shall appear before the Trial Court on 17.01.2026. iv. The petitioner shall co-operate for trial. SD/- (G BASAVARAJA) JUDGE HNM List No.: 1 Sl No.: 87