- 1 - HC-KAR NC: 2025:KHC:24858 CRL.P No. 9485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9485 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI KULDEEP A. S., S/O LATE SRI SURESH BABU A. V. AGED ABOUT 44 YEARS R/AT NO. 306, APPORVA MANSION, DODDABOMMASANDRA, VIDYARANYAPURA, BANGALORE – 560 097 …PETITIONER (BY SRI. H. MUJTABA, ADVOCATE) AND: STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, REPRESENTED BY S P P, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 26.10.2024 VIDE DOCUMENT NO.1 PASSED BY THE LEARNED VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CR.NO.309/2013 ACCEPTING THE ‘B’ FINAL REPORT AND CLOSING THE COMPLAINT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24858 CRL.P No. 9485 of 2025 ORAL ORDER This petition by the complainant in Crime No.309/2013 is directed against the impugned order dated 26.10.2024, whereby the learned Magistrate accepted the ‘B’ Report and closed the complaint filed by the petitioner. 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that it is the specific contention of the petitioner that aggrieved by the ‘B’ Report dated 20.08.2014, the petitioner filed a protest petition pursuant to which sworn statement of the petitioner was recorded and witnesses were examined and the matter was posted for hearing on 26.10.2024, on which date, the petitioner and his counsel could not be present due to bonafide reasons, sufficient cause and unavoidable circumstances. As a result, the ‘B’ report was accepted, which resulted in closing of the complaint, aggrieved by which the petitioner is before this Court by way of the present petition. 4. Though several contentions have been urged by both sides in support of their respective claims, in view of the aforesaid - 3 - HC-KAR NC: 2025:KHC:24858 CRL.P No. 9485 of 2025 facts and the material on record which discloses that the ‘B’ Report has been accepted and the case was closed only on account of the non-appearance of the petitioner, who has assigned valid and cogent reasons regarding why he could not appear on 26.10.2024 before the Trial Court, I deem it just and appropriate to adopt a justice oriented approach and provide one more opportunity to the petitioner by setting aside the impugned order. 5. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned order dated 26.10.2024 passed in Crime No.309/2013 by the VII Additional Chief Metropolitan Magistrate, Bengaluru, is hereby set aside. iii) The matter is remitted back to the Trial Court for reconsideration of the ‘B’ Report and protest petition by the Trial Court afresh, on merits, in accordance with law. - 4 - HC-KAR NC: 2025:KHC:24858 CRL.P No. 9485 of 2025 iv) Petitioner is directed to appear before the Trial Court on 28.07.2025 without awaiting further notice from the Trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 17