- 1 - HC-KAR NC: 2025:KHC:34995 CRL.P No. 12371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12371 OF 2025 BETWEEN: SRIDHARA C M S/O KUBENDRAIAH, AGED ABOUT 34 YEARS, R/AT CHIKKABASOOR VILLAGE, HONNAVALLI TALUK, DAVANAGERE DISTRICT - 577 224. …PETITIONER (BY SRI. AMBAJI RAO NAJRE, ADVOCATE) AND: 1. STATE OF KARNATAKA N R PURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. PRASAD K NAIR S/O KRISHNA NAIR, AGED ABOUT 49 YEARS, R/AT MATTHIMARA BALE VILLAGE, NR PURA TALUK, CHIKKAMAGALURU-577 134. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34995 CRL.P No. 12371 of 2025 THIS CRL.P IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ORDER DATED 14.03.2025 PASSED BY LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN S.C.NO.118/2016 FOR THE OFFENCE P/US/ 395, 109, 397 (IN CRIME NO.135/2015 OFFENCE P/US/ 395) OF IPC N.R.PUAR P.S., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed by accused No.5 assailing the issuance of a Non-Bailable Warrant (NBW) by the learned Sessions Judge. The NBW came to be issued as the petitioner failed to appear before the Court on the date assigned. It is the case of the petitioner that on the said date, since prosecution witnesses were secured and were present before the Court, the learned Sessions Judge was not inclined to accept the exemption application filed by the petitioner and consequently ordered issuance of NBW. - 3 - HC-KAR NC: 2025:KHC:34995 CRL.P No. 12371 of 2025 2. Learned Additional State Public Prosecutor, opposing the petition, submits that the order issuing NBW is an interlocutory order and that the petitioner has an efficacious remedy available in law by moving the trial Court itself with an application seeking recall of the warrant. It is submitted that without exhausting such remedy, the present petition is not maintainable. 3. Per contra, learned counsel appearing for the petitioner submits that the petitioner, who is arraigned as accused No.5, had no intention of avoiding the proceedings and that his absence on the said date was not deliberate. He further submits that the petitioner is ready and willing to co-operate with the trial and undertakes to appear on every future date of hearing without fail. - 4 - HC-KAR NC: 2025:KHC:34995 CRL.P No. 12371 of 2025 4. Taking note of the submissions made on behalf of the petitioner and having regard to the settled legal position that an accused against whom NBW has been issued is entitled to seek recall of the warrant by moving an appropriate application before the trial Court, this Court is of the opinion that no interference is warranted in the extraordinary jurisdiction of this Court. 5. Accordingly, the present petition is disposed of with liberty reserved to the petitioner to move the Court below by filing an application for recall of the NBW. If such an application is filed, the learned Sessions Judge shall consider the same on its own merits, bearing in mind the undertaking of the petitioner to co-operate with the trial and to remain present on all future dates of hearing. The petitioner is - 5 - HC-KAR NC: 2025:KHC:34995 CRL.P No. 12371 of 2025 at liberty to file an affidavit or swear on oath to that effect before the Court below. 6. Subject to the above liberty, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 59