- 1 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12453 OF 2025 C/W CRIMINAL PETITION NO. 12442 OF 2025 IN CRL.P No. 12453/2025 BETWEEN: 1. SRI VINAY S R SON OF RAMESH H.Y., AGED ABOUT 30 YEARS, WAS WORKING IN M/S. DANI COMMODITIES PVT. LTD., NO.1535, 1ST FLOOR, 39TH CROSS 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041. NOW CHANGED HIS RESIDENTIAL ADDRESS TO NO. 201, 2ND FLOOR, B- BLOCK, AKSHAYA GARDEN, 7TH CROSS, 6TH MAIN, WEST OF AKSHAYANAGAR, YELENAHALLI MAIN ROAD, BENGALURU - 560 068. 2. SRI. RAJEEV KUMAR H.V. SON OF H.S. VENKATESH, AGED ABOUT 31 YEARS RESIDING AT NO. 366, 11TH CROSS, 16TH MAIN, 'F' BLOCK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 SAHAKARANAGAR, BENGALURU NORTH, BENGALURU - 560 092 …PETITIONERS (BY SRI. JANARDHANA G, ADVOCATE) AND: POLICE INSPECTOR AND SHO THILAK NAGAR POLICE STATION, BENGALURU CITY. REPRESENTEED BY THE STATE PUBLIC PEOSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN CC NO.17849/2018 ON THE FILE OF THE LEARNED 4TH ACMM, BANGALORE OR IN THE ALTERNATIVE, DIRECT THE LEARNED MAGISTRATE TO CONCLUDE THE TRAIL WITHIN THE REASONABLE TIME VIDE ANNEXURE B. IN CRL.P NO. 12442/2025 BETWEEN: 1. SRI VINAY S R SON OF RAMESH H.Y., AGED ABOUT 30 YEARS, WAS WORKING IN M/S. DANI COMMODITIES PVT. LTD., NO.1535, 1ST FLOOR, 39TH CROSS 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041. NOW CHANGED HIS RESIDENTIAL - 3 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 ADDRESS TO NO. 201, 2ND FLOOR, B- BLOCK, AKSHAYA GARDEN, 7TH CROSS, 6TH MAIN, WEST OF AKSHAYANAGAR, YELENAHALLI MAIN ROAD, BENGALURU - 560 068. 2. SRI. RAJEEV KUMAR H.V. SON OF H.S. VENKATESH, AGED ABOUT 31 YEARS RESIDING AT NO. 366, 11TH CROSS, 16TH MAIN, 'F' BLOCK, SAHAKARANAGAR, BENGALURU NORTH, BENGALURU - 560 092 ...PETITIONERS (BY SRI. JANARDHANA G, ADVOCATE) AND: POLICE INSPECTOR AND SHO THILAK NAGAR POLICE STATION, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. ...RESPONDENT (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN CC NO.17836/2018 ON THE FILE OF THE LEARNED III ACMM, BANGALORE OR IN THE ALTERNATIVE, DIRECT THE LEARNED MAGISTRATE TO CONCLUDE THE TRAIL WITHIN THE REASONABLE TIME UNDER ANNEXURE B. - 4 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These criminal petitions are filed by the accused seeking quashing of the proceedings in C.C.No.17849/2018 and C.C.No.17836/2018, which are pending on the file of the learned Magistrate, for the offences punishable under Sections 406 and 420 of the Indian Penal Code. 2. When the matter was taken up for consideration, the learned counsel appearing for the petitioners fairly submitted that he does not wish to press the substantive grounds urged in support of the prayer for quashing. At the same time, he has invited the attention of this Court to the order sheets maintained in the said criminal cases. Referring to the order sheets, he has pointed out that in Crl.P.No.12453/2025, the matter was posted for recording of evidence as far back as 17.12.2019, and in Crl.P.No.12442/2025, the matter was posted for recording of evidence on 16.03.2023. However, - 5 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 despite the lapse of considerable time, the trial has not progressed and the evidence is yet to commence. 3. Having regard to these facts, this Court is of the view that though the grounds urged in the petitions do not warrant exercise of the extraordinary jurisdiction for quashing the criminal proceedings, nevertheless, the grievance of the petitioners regarding the protracted pendency of the trial cannot be ignored. The order sheets placed before this Court reveal that the proceedings have remained stagnant for an unduly long period, without commencement of evidence. 4. This Court is mindful of the settled principle of law that while the right of the prosecution to conduct the trial in accordance with law cannot be curtailed, at the same time, the accused cannot be subjected to an indefinite ordeal of criminal prosecution on account of repeated adjournments and failure to effectively summon and secure the witnesses. Time and again, this Court, as well as the Hon’ble Apex Court, have consistently emphasized that criminal trials must be conducted with due expedition and concluded within a reasonable timeframe so as - 6 - HC-KAR NC: 2025:KHC:38606 CRL.P No. 12453 of 2025 C/W CRL.P No. 12442 of 2025 to uphold the right to speedy trial, which is part and parcel of the guarantee under Article 21 of the Constitution of India. 5. In view of the above, while declining to quash the proceedings, this Court deems it appropriate to issue a direction to the learned Magistrate to take all necessary steps to ensure that the trial is taken up without further delay. The learned Magistrate shall ensure that proper summons are issued to the witnesses, that coercive steps are resorted to where necessary, and that the examination of witnesses is concluded at the earliest, so that the proceedings are brought to a logical conclusion within a reasonable time. 6. With the aforesaid direction to the learned Magistrate to expedite the trial and ensure that the evidence is concluded within a reasonable timeframe, these criminal petitions stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 33 CT: BHK