- 1 - HC-KAR NC: 2025:KHC-D:11318 CRL.P No. 103086 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103086 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SAROJINI W/O KARUNAKAR NAYAK, AGE. 52 YEARS, OCC. HOUSE WIFE, R/O. SARASWATI NAGAR, BELAGAVI-01. … PETITIONER (BY SRI. ANWARALI D. NADAF, ADVOCATE) AND: 1. C. MUNITHAYAMMA, AGE. 65 YEARS, OCC. SERVICE, R/O. CTS NO.7372, ANJANEYA NAGAR, MAL MARUTI EXTENSION, BELAGAVI AND GURUWAR PETH, TILAKWADI, BELAGAVI. 2. THE STATE OF KARNATAKA, BELAGAVI, R/BY HIGH COURT GOVT. PLEADER, OFFICE AT DHARWAD, HIGH COURT, DHARWAD-580 011. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO RECALL THE NON BAILABLE WARRANT ISSUED AGAINST THE PETITIONER/A5 ON DATED 22.04.2025 UNDER SECTION 70 OF CR.P.C PENDING ON THE FILE OF THE II JMFC BELAGAVI IN CC NO.1396/2009 AND SET ASIDE THE ORDER PROCLAMATION DATED 07.07.2025 UNDER SECTION 82 OF THE CR.P.C. AND RECALL OF NBW DATED 22.04.2025 PENDING ON THE FILE OF THE II JMFC, BELAGAVI, IN CC NO.1396/2009 OF THE OFFENCES PUNISHABLE UNDER SECTION 420 OF IPC AGAINST PETITIONER/A5. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11318 CRL.P No. 103086 of 2025 THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.5 is before this Court under Section 528 of Cr.P.C. with a prayer to recall non-bailable warrant issued against her on 22.04.2025 and also to set aside the order of proclamation dated 07.07.2025 by the Court of II JMFC, Belagavi in C.C. No. 1396 of 2009 registered for offences punishable under Section 420 of IPC. 2. Learned counsel for the petitioner submits that proceedings is of the year 2009 and the petitioner, who is a lady has been diligently participating in the said proceedings for the last several years. For the reason that petitioner had not appeared before the Trial Court on 22.04.2025, non-bailable warrant was issued against her and thereafter, notice was also issued to her surety. Even before the surety could appear before the Trial Court, proclamation orders has been passed against the petitioner and a split up case is registered against her which is not permissible. Petitioner is not absconding and she has been - 3 - HC-KAR NC: 2025:KHC-D:11318 CRL.P No. 103086 of 2025 participating in the proceedings for the last 14 years. Accordingly, he prays to allow the petition. 3. Per contra, learned HCGP has opposed the petition. 4. Perusal of the material on record would go to show that petitioner, who is a lady has been charge sheeted in the present case for offence punishable under Section 420 of IPC and the said proceedings is of the year 2009. Order sheet of the Trial Court would go to show that petitioner has been appearing before the Trial Court on the dates of hearing and whenever she had not appeared, on her behalf applications were filed seeking exemption of her appearance. On 22.04.2025, petitioner had not appeared before the Trial Court and there was no representation on her behalf on the said date. The learned Magistrate had thereafter issued non-bailable warrant against the petitioner on 22.04.2025, which was re-issued again on 13.05.2025 and the matter was adjourned to 03.06.2025. On 03.06.2025, non- bailabe warrant was re-issued against the petitioner and in addition, notice was issued to the surety of the petitioner / accused No.5 and the matter was adjourned to 07.07.2025. On 07.07.2025, the Trial Court has proceeded to issue proclamation - 4 - HC-KAR NC: 2025:KHC-D:11318 CRL.P No. 103086 of 2025 orders against the petitioner and has directed to register a split up case against her. 5. Perusal of the order sheet would go to show that the bail bonds of the petitioner were not cancelled by the Trial Court and even before the notice issued to the surety was served, the Trial Court has proceeded to issue proclamation orders against the petitioner. This approach of the Trial Court, prima facie appears to be bad in law. The proceedings arise out of a private complaint and the case before the Trial Court is now at the stage of further examination of PW2. Petitioner has undertaken to cooperate before the Trial Court for speedy disposal of the case and also to regularly appear before the Trial Court. 6. Under the circumstances, I am of the opinion that prayer made in this petition requires to be granted. Accordingly, the following: ORDER Criminal Petition is allowed. The order dated 22.04.2025 and the proclamation order dated 07.07.2025 passed by the Court of II JMFC, Belagavi in - 5 - HC-KAR NC: 2025:KHC-D:11318 CRL.P No. 103086 of 2025 C.C. No.1396 of 2009 registered for offences punishable under Section 420 of IPC are set aside. Considering the fact that case is pending since the year 2007, efforts shall be made for expediting the trial and disposing of the case on merits at the earliest. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 101