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2025 DAILYLAW 41840 (KAR)

SUNIL KUMAR @ SUNIL v. STATE OF KARNATAKA

CRL.P/13750/2025 · 2025-10-28

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42886 CRL.P No. 13750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13750 OF 2025 BETWEEN: 1. SUNIL KUMAR @ SUNIL @ SUNI @ SILENT SUNIL S/O JAYAKUMAR, AGED ABOUT 33 YEARS, R/AT: RAMAKRISHNA RENTAL HOME, 1ST CROSS, BEHIND BLUE WINES, OPP. MANASA BAKERY ROAD, SWATANATRANAGARA, BASAVANAPURA MAIN ROAD, AYYAPPANAGARA, K.R. PURAM, BANGALORE-560 036. 2. B.R. SAI VARDHANA @ VARDHANA @ GANI BHAI S/O B. RAMADAS, AGED ABOUT 30 YEARS, R/AT: #60, MUNIRAJU RENTAL HOUSE, DIESEL SHED ROAD, BHEEMAIAH LAYOUT, K.R. PURAM, BANGALORE-560 036. …PETITIONERS (BY SRI. MOHAMMAD ARSHAD, ADVOCATE FOR SRI. MOHAMMED PASHA C., ADVOCATE (P/H)) AND: 1. STATE OF KARNATAKA SHO K.R. PURAM P.S REP. BY SPP, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42886 CRL.P No. 13750 of 2025 HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. RAMESH D. S/O LATE DODDAPPAIAH, ABOUT 49 YEARS, R/AT: DODDADENAHALLI, JADIGENAHALLI, HOBLI, HOSAKOTE TALUK, BENGALURU, KARNATAKA-562 114. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1(P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER ON DATED 11.07.2025 IN SC.NO.1634/2019 PASSED BY THE XXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BENGALURU (CCH-29), WHEREBY THE BAIL BOND OF THE PETITIONERS WAS FORFEITED TO THE STATE AND NBW WAS ISSUED AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.8 and 9 are aggrieved by the order dated 11.07.2025 passed by the learned Sessions, Judge, forfeiting the bail bond and issuing NBW against them. - 3 - HC-KAR NC: 2025:KHC:42886 CRL.P No. 13750 of 2025 2. Petitioners along with other accused are being prosecuted before the Sessions Court for the offence punishable under section 143, 144, 147, 148, 342, 364, 302, 201, 120B and 212 of IPC. 3. The material on record goes to show that on 05.01.2020, the petitioners were granted bail on certain conditions. Vide impugned order, the learned Sessions Judge has forfeited the bail bond and issued NBW against the petitioners and few other accused. As could be seen from the order sheet, the petitioners were regularly attending before the trial Court. However, as they were absent on the relevant day, the learned Sessions Judge forfeited their bail bond. The said order do not indicate any reasons. 4. A memo is filed along with the medical reports pertaining to petitioner No.1. Further, it is submitted that there was miscommunication between the petitioner No.2 and his counsel, hence, he was not present before the Court on the relevant date. - 4 - HC-KAR NC: 2025:KHC:42886 CRL.P No. 13750 of 2025 5. As this Court finds that the absence of the petitioners before the trial Court was bonafide and not intentional, the relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Order dated 11.07.2025 passed by XXVIII Additional City Civil and Sessions Judge, Mayohall, Bengaluru in S.C.No.1634/2019, forfeiting the bail bond of the petitioners and issuing NBW against them, is quashed. The petitioners shall appear before the Sessions Court on the next hearing date and shall continue to appear regularly. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38