- 1 - HC-KAR NC: 2025:KHC:27573 CRL.P No. 10316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10316 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT. SUMITHRA @ SUMI.M W/O MUNIRAJU, AGED ABOUT 46 YEARS, 2. SRI. MUNIRAJU S/O. LATE NARAYANAPPA, AGED ABOUT 54 YEARS, BOTH ARE EARLIER RESIDING AT NO.40/12, NEAR LOKESH TENT ROAD, LINGARAJAPURAM, K.R.PURAM HOBLI, BANGALORE 560 084. NOW RESIDING AT NO.42, PARVATHINAGAR, MEDAHALLI, K.R.PURAM HOBLI, BANGALORE EAST TALUK-560 084. …PETITIONERS (BY SRI. SUBRAMANYA H V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANASWADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. MRS. ROSELINE W/O DANIEL, AGED ABOUT 48 YEARS, RESIDING AT NO.34, ANJANAPPA STREET, 9TH CROSS, RAMASWAMYPALYA, BANGALORE-33. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27573 CRL.P No. 10316 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 10.03.2015, 30.10.2018 AND 25.03.2025 IN CC.NO.55124/2014, PENDING ON THE FILE OF THE XI ACJM, MAYO HALL, BANGALORE (ERSTWHILE XI ACMM, AT BANGALORE) FOR THE OFFENCES P/U/S 420,506 R/W 34 OF IPC, U/S 3,4,5 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978 OF BANASWADI POLICE AND THEREBY PERMIT THE PETITIONERS TO APPEAR BEFORE THE MAGISTRATE AND TO CONTEST THE CASE FOR THE REASONS STATED ABOVE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “WHEREFORE, the Petitioners above named most humbly pray that this Hon’ble Court be pleased to set aside the impugned orders dated: 10.03.2015, 30.10.2018 and 25.03.2025 in CC No.55124/2014 pending on the file of the XI Addl. Chief Judicial Magistrate, Mayohall, Bangalore (Erastwhile XI Addl. Chief Metropolitan Magistrate at Banglaore) for the offences punishable under Sections 420 & 506 r/w Sec.34 of IPC and Sec. 3, 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act 1978 of Banaswadi Police and thereby permit the Petitioners to appear before the Magistrate and to contest the case for the reasons stated above, in the ends of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:27573 CRL.P No. 10316 of 2025 For the order proposed, notice to respondent No.2 is dispensed with. 3. Learned counsel for the petitioners submits that the impugned proceedings in C.C.No.55124/2024 is posted before the Trial Court on 25.07.2025, on which date, the petitioner would appear and file appropriate application including the application for bail and as such, the impugned proclamation warrant, attachment warrant and NBW issued against the petitioners may be set aside by directing the petitioners to appear on 25.07.2025 before the Trial Court. The aforesaid submission is placed on record. 4. Per contra, learned HCGP submits that if the petitioners appear before the Trial Court on 25.07.2025, the proclamation warrant, attachment warrant and NBW issued against the petitioners may be set aside by directing the petitioners to appear before the Trial Court on 25.07.2025 without fail under any circumstances whatsoever. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition by issuing certain directions. - 4 - HC-KAR NC: 2025:KHC:27573 CRL.P No. 10316 of 2025 6. In the result, I proceed to pass the following: ORDER i) The petition is disposed of. ii) Petitioners are directed to appear on 25.07.2025 before the XI Additional Chief Judicial Magistrate, Mayohall, Bengaluru, without seeking adjournment under any circumstances whatsoever. iii) The proclamation warrant, attachment warrant and NBW issued against the petitioners on various dates of hearing in C.C.No.55124/2014 are hereby set aside. iv) It is made clear that in the event the petitioners do not appear before the Trial Court on 25.07.2025, the proclamation warrant, attachment warrant and NBW issued against the petitioners shall stand revived automatically and the Trial Court shall proceed further in the matter. - 5 - HC-KAR NC: 2025:KHC:27573 CRL.P No. 10316 of 2025 v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 14