- 1 - HC-KAR NC: 2025:KHC:54325 CRL.P No. 16297 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16297 OF 2025 BETWEEN: SRINIVAS @ SEENA @ CANTER @ CHAPPA S/O GOVINDAPPA, AGED ABOUT 36 YEARS, R/AT, NO. 12, 2ND MAIN, MADHURANAGARA, MUDALAPALYA, OPPOSITE PETROL BUNK, VIJAYANAGARA, BENGALURU - 560 040. …PETITIONER (BY SRI. RAVIKUMAR G. H.,ADVOCATE) AND: 1. STATE OF KARNATAKA, YESHWANTHAPURA P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560001. 2. SUKADEV M. SOLANKI, S/O MAHESHKUMAR AGED ABOUT 40 YEARS R/AT, NO.57, 1ST FLOOR, 1ST D CROSS 3RD STAGE, 4TH BLOCK, SATHYNARAYANA LAYOUT, BASAVESWARANAGARA, BENGALURU - 560079. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54325 CRL.P No. 16297 of 2025 THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THE MEMORANDUM OF CRL.P BY QUASHING THE IMPUGNED ORDER DTD. 10.10.2025 IN SC.NO.578/2016 PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP accepts notice for the State. Petitioner being aggrieved by the order dated 10.10.2025 passed by the learned LXVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.578/2016 has preferred this petition seeking to quash the impugned order. 2. Petitioner along with other accused persons, is facing trial for the offence punishable under Section 364A and 342 r/w 34 of IPC. 3. The material on record reveals the petitioner was enlarged on bail. During trial, as he was absent and there was no representation, the learned Sessions Judge vide impugned - 3 - HC-KAR NC: 2025:KHC:54325 CRL.P No. 16297 of 2025 order forfeited the bail bond and surety bond, cancelled the bail and issued NBW to the petitioner 4. Learned counsel for the petitioner would submit that the petitioner was appearing before the Trial Court regularly. On 9.10.2025 he was present and since the witnesses were absent, the trial was adjourned to 10.10.2025. On the said date, the petitioner could not be present, hence, the impugned order was passed. He submitted that non- appearance of the petitioner was not intentional, but for bona fide reasons and since the bail bond was cancelled and warrant was issued, the petitioner has preferred this petition. 5. As this Court finds that the petitioner was present on the previous date of hearing i.e. on 9.10.2025 and having convinced that the absence of the petitioner on the next date i.e., on the following day was not intentional, an opportunity can be given to him to appear before the trial Court. 6. Hence, the following ORDER (i) Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:54325 CRL.P No. 16297 of 2025 (ii) The order dated 10.10.2025 passed in S.C.No.578/2016 by the LXVI Additional City Civil and Sessions Judge, Bengaluru, forfeiting the bail bond and surety bond and canceling the bail of the petitioner, is hereby set aside. (iii) NBW issued against the petitioner is recalled. (iv) Petitioner is directed to appear before the Trial Court on 30.12.2025 and shall appear regularly without fail. (v) IA No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE AP List No.: 1 Sl No.: 27