- 1 - HC-KAR NC: 2025:KHC:28600 CRL.P No. 10667 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10667 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: B K PRABHU, S/O LATE KUMARA SWAMY, AGED ABOUT 38 YEARS R/AT NO. 37, 21ST CROSS, B.S.K. III STAGE, ITTAMADU, BENGALURU - 560085 …PETITIONER (BY SRI. A.N. RADHA KRISHNA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY H.S.R. LAYOUT POLICE, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560001. 2. RAGHUNATH B., ASSISTANT MANAGER, C.M.S. INFOSYSTEM, R/AT NO.20, POTREE ROAD, COX TOWN, BENGALURU - 560005. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28600 CRL.P No. 10667 of 2025 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA HCGP FOR R1. NOTICE TO R2 IS DISPENSED WITH) CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 01.01.2014 PASSED BY THE LEARNED IV ACMM, BENGALURU AND QUASH THE PROCEEDINGS IN CC.NO.8780/2014 DTD 01.01.2014, FOR THE OFFENCES P/U/S 408,120(B) R/W 34 OF IPC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "WHEREFORE, the petitioner humbly prays that, this Hon'ble Court may be pleased to set aside the order dated 01/01/2014 passed by the Learned then IV additional Chief Metropolitan Magistrate, Bengaluru, and quash the proceedings in C.C.No.8780/20214 dated 01/01/2014 for he offences punishable under Sections 408, 120(B), r/w 34 of Indian Penal Code, in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:28600 CRL.P No. 10667 of 2025 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 and perused the material on record. 3. In the order proposed, notice to respondent No.2 is dispensed with. 4. Learned counsel for the petitioner submits that the proceedings in C.C.No.8780/2014, in which, the petitioner herein is arrayed as accused No.2 is presently stands posted before the Trial Court on 31.07.2025, and the petitioner would appear before the Trial Court on that date and file an appropriate application which may be directed to disposed off by the Trial Court in accordance with law. Therefore, it is submitted that proclamation order/attachment/ NBW issued against the petitioner may be set aside and the petitioner may be permitted to appear before the Trial Court on 31.07.2025. 5. The submission of the learned counsel for the petitioner is placed on record. - 4 - HC-KAR NC: 2025:KHC:28600 CRL.P No. 10667 of 2025 6. In view of the aforesaid facts and circumstances and undisputedly the Trial Court has posted the matter on 31.07.2025, I deem it just and proper to set aside the Proclamation order/attachment/NBW issued against the petitioner by imposing certain conditions upon him. 7. Accordingly, I pass the following: ORDER i) The petition is disposed off. ii) Proclamation order/Attachment/NBW issued by the Trial Court against the petitioner are hereby set aside subject to the condition that the petitioner shall appear before the Trial Court on 31.07.2025, without awaiting further notice from the Trial Court. iii) It is made clear that, in the event petitioner does not appear before the Trial Court on 31.07.2025, the proclamation/attachment/NBW shall be revived and the Trial Court shall proceed in accordance with law. - 5 - HC-KAR NC: 2025:KHC:28600 CRL.P No. 10667 of 2025 iv) Liberty is reserved in favour of the petitioner to file appropriate application including the application seeking discharge. If such an application is filed by the petitioner, the same shall be considered by the Trial Court in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR