- 1 - NC: 2025:KHC:8592 WP No. 32264 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32264 OF 2024 (GM-RES) BETWEEN: MAHAVEERA CREDIT CO-OPERATIVE SOCIETY (L), HAVING HEAD OFFICE AT: ‘TAKSHILA’, BALLALBAGH, MANGALORE – 575 003. AND BRANCH OFFICE AT MOODABIDRI, REPRESENTED BY ITS GENERAL MANAGER, SRI U. MANJUNATH SHET, AGED ABOUT 48 YEARS, S/O LATE U NAGESH SHET A C-OPERATIVE SOCIETY REGD. UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959. …PETITIONER (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, HOME DEPARTMENT, DR. AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, NO.2, NRUPATUNGA ROAD, BENGALURU – 560 001. 3. THE COMMISSIONER OF POLICE, MANGALURU CITY, MANGALURU – 575 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8592 WP No. 32264 of 2024 4. THE INSPECTOR OF POLICE, MOODABIDRI POLICE STATION, MOODBIDRI, D. K. DISTRICT – 574 227. 5. MR. PAVITRA SENA, ADULT, S/O VISHWASENA SHETTY, R/AT D. NO.4/257, DEVI KRUPA HOUSE, NEAR SWARAJ MAIDAN, MARPADY, MOODABIDRI – 574 226. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATHIYA NAGARIK SURAKSHA SANHITHA, 2023 READ WITH SECTION 482 OF THE CR.PC. PRAYING TO DIRECTING THE COMMISSIONER OF POLICE / RESPONDENT NO.4 TO EXECUTE THE NON-BAILABLE WARRANT ISSUED AGAINST THE ACCUSED/ RESPONDENT NO.5 IN C.C.NO. 619/2022 VIDE ANNEXURE-B2 ON THE FILE OF JMFC V COURT MANGALORE D K AND TO CAUSE ARREST AND PRODUCTION OF RESPONDENT NO.5 BEFORE THE J.M.F.C. (V COURT) MANGALURU AND REPORT COMPLIANCE TO THE HON’BLE COURT WITHIN THE TIME TO BE FIXED BY THIS HON’BLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:8592 WP No. 32264 of 2024 ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Issue a Writ of Mandamus or any other appropriate Writs or orders or directions, directing the Commissioner or Police/Respodnent No.4 to execute the Non-bailable warrant issued against the Accused/Respondent No.5 in C.C.No.619/2022 vide Annexure ‘B2’ on the file fo JMFC V Court, Mangalore, D.K. and to cause arrest and production of Respondent No.5 before the J.M.F.C., (V Court), Mangalore, D.K. and to cause arrest and production of Respondent No.5 before the J.M.F.C., (V Court), Mangaluru and report compliance to the Hon’ble Court within the time to be fixed by this Hon’ble Court within the time to be fixed by this Hon’ble Court; and b) Issue a Writ of Mandamus or orders or directions, directing the Court of J.M.F.C., (V Court), Mangaluru to conclude the trial of C.C. No.619/2022 within six months or within the time limit to be fixed by this Hon’ble Court and report compliance to this Hon’ble Court, the order sheet of which is at Annexure-B; c) Grant such other further relief as this Hon’ble Court deems fit to grant under the circumstances, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 4 - NC: 2025:KHC:8592 WP No. 32264 of 2024 3. The limited grievance of the petitioner in the present petition is that the Trial Court issued Non-bailable Warrants (NBWs) as against accused-respondent No.5 during the period from 22.06.2022 up to 22.11.2024 on numerous/several occasions, respondent Nos.1 to 4 are not taking any steps to execute/enforce/implement the Non-bailable Warrants as against respondent No.5 - accused and as such, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the next date of hearing of C.C.No.619/2022 before the Trial Court is 06.03.2025. 5. The said submission is placed on record. 6. In view of the aforesaid facts and circumstances and in view of the fact that various Non-bailable Warrants issued by the Trial Court have not been executed/enforced/implemented as against accused – respondent No.5, I deem it just and appropriate to dispose of this petition by directing the concerned respondent Nos.1 to 4 to execute/implement/enforce the Non-bailable Warrant against respondent No.5-accused on or before the next date of - 5 - NC: 2025:KHC:8592 WP No. 32264 of 2024 hearing and produce respondent No.5 before the Trial Court on the date to be fixed by the Trial Court. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 67