- 1 - HC-KAR NC: 2025:KHC:28731 CRL.P No. 10719 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. 10719 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MUJAHID ULLA, S/O AMJAD ULLA, AGED ABOUT 31 YEARS, R/A 738, SARAYIPALYA VILLAGE MAIN ROAD LEFT SIDE, BENGALURU – 092 …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA BY KORAMANGALA PS REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI. NAGESHWARAPPA K., HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER OR PROCLAMATION DATED 28.07.2022 ISSUED AGAINST THE PETITIONER BY THE LEARNED XLI ACMM BENGALURU IN CR.NO.351/2015 OF KORAMANGALA PS FOR THE OFFENCE PUNISHABLE UNDER SECTION 86 AND 87 OF KARNATAKA FOREST ACT 1963 AND SECTION 379 OF IPC PENDING ON THE FILE OF THE XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BANGALORE IN CC NO.5728/2015. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28731 CRL.P No. 10719 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief: “Wherefore, the petitioner above named humbly prays before the Hon’ble Court to quash the order of proclamation dated 28.07.2022 issued against this petitioner by the learned XLI ACMM Bengaluru in Cr.No.351/2015 of Koramangala Police Station for the offence punishable under Sections 86 and 87 of Karnataka Forest Act 1963 and Section 379 of IPC pending on the file of XXXIX Additional Chief Judicial Magistrate at Bengaluru in C.C.No.5728/2015 in the interest of justice and equity.” 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent and perused the materials placed on record. 3. A perusal of the material on record will indicate that the Magistrate passed the order of proclamation dated 28.07.2022 against the petitioner in Crime No.351/2015 for the offences punishable under Sections 86 and 87 of Karnataka Forest Act, 1963 and Section 379 of IPC, currently pending in C.C.No.5728/2015, who is before this Court by way of the present petition. - 3 - HC-KAR NC: 2025:KHC:28731 CRL.P No. 10719 of 2025 4. Learned counsel for the petitioner submits that the matter before the Trial Court is posted on 05.08.2025 and the petitioner would appear before the Trial Court on the said date and file an appropriate applications seeking recall of attachment warrant and proclamation warrant issued against him, as well as an application for bail and the Trial Court may be directed to dispose of the same in accordance with law by keeping the impugned order and proclamation in abeyance till the disposal of the said applications. 5. The aforesaid submission is placed on record. 6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the aforesaid submissions made by the learned counsel for the petitioner, I deem it just and appropriate to dispose of the present petition by issuing certain directions. 7. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. - 4 - HC-KAR NC: 2025:KHC:28731 CRL.P No. 10719 of 2025 (ii) The petitioner is directed to file applications for recalling the attachment warrant and proclamation warrant as well as an application for bail before the trial Court on the next date of hearing. (iii) Upon petitioner filing the said applications, Trial Court is directed to dispose of the said applications in accordance with law, after providing sufficient and reasonable opportunity to the petitioner. (iv) It is further directed, till the Trial Court disposes of the aforesaid applications, impugned orders passed by of the Trial Court issuing attachment warrant and proclamation warrant shall remain in abeyance and neither the respondents nor the Trial Court shall take precipitative / coercive action/steps against the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 103