- 1 - HC-KAR NC: 2025:KHC:52985 CRL.P No. 16886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16886 OF 2025 BETWEEN: SRI. KYSAR KHAN @ APPU @ KHAISER KHAN S/O NASIR KHAN, AGED ABOUT 27 YEARS, R/O #79, 6TH CROSS, AMAR LAYOUT D.J. HALLI, BANGALORE-560 045. …PETITIONER (BY SMT. SAFRINA BEGUM, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. SHARIFULLA QURESHI S/O BARKATHULLA, AGED ABOUT 28 YEARS, R/O NO.42, 2ND CROSS, RAJU COLONY, NAGAWARA MAIN ROAD, A.C. POST, BANGALORE-560 045. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52985 CRL.P No. 16886 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 25.06.2025 IN C.C.NO.53885/2017 ARISING OUT OF CR.NO.232/2016 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 504 R/W 34 OF INDIAN PENAL CODE PERTAINING TO D.J.HALLI P.S. PENDING ON THE FILE OF COURT OF XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU WHEREBY AN ORDER WAS ISSUED FOR COMPLIANCE OF SECTION 82 AND 83 OF CR.PC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1/ State. 2. The prayer in the petition is to set aside the order dated 25.6.2025 passed in CC No.53885/2017 by the XI Additional Chief Metropolitan Magistrate, Bengaluru, wherein the Court has passed an order for compliance of Section 82 and 83 of Cr.P.C. 3. It appears that on account of non-appearance of the petitioner before the trial Court, NBW was issued - 3 - HC-KAR NC: 2025:KHC:52985 CRL.P No. 16886 of 2025 and due to non-execution of the NBW, impugned order was passed. 4. Petitioner’s counsel submits that if an opportunity is given to the petitioner, he will appear before the trial Court and co-operate with the trial of the case. She submits that the petitioner was not informed about the dates of proceedings and his absence is neither intentional nor deliberate. 5. Considering the facts and circumstances, an opportunity can be given to the petitioner to appear before the trial Court by fixing a date. 6. The impugned order passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru, issuing NBW and proclamation against the petitioner / accused No.1 in CC No.53885/2017 is hereby set aside. 7. The petitioner is directed to appear before the trial Court on or before 19.12.2025 and shall furnish fresh surety to the satisfaction of the learned Magistrate and in - 4 - HC-KAR NC: 2025:KHC:52985 CRL.P No. 16886 of 2025 that event by imposing necessary conditions, he shall be released on bail. 8. Petitioner shall appear before the trial Court on every date of hearing without fail. Petition is disposed of. Pending I.A. is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 2 Sl No.: 54