- 1 - HC-KAR NC: 2025:KHC:27837 CRL.P No. 9936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9936 OF 2025 BETWEEN: SRI. SUNIL S/O ONKARAPPA AGED ABOUT 32 YEARS R/AT S BIDARE VILLAGE, KADUR TALUK, CHIKKAMAGALURU - 577 548. …PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND: THE STATE OF KARNATAKA BY BY MADIWALA POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.01.2025 PASSED BY THE LEARNED LIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN S.C.NO.143/2016 WHEREBY THE APPLICATION U/S.70(2) OF CRPC WAS REJECTED AND THE PETITIONER WAS REMANDED TO JUDICIAL CUSTODY AND DIRECT THE RELEASE OF THE PETITIONER FROM JUDICIAL CUSTODY IN CONNECTION WITH THE ABOVE PROCEEDINGS. 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:27837 CRL.P No. 9936 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief. "a. Quash the impugned order dated 21.01.2025 passed by the Learned LIII Addl. City Civil & Session Judge, Bengaluru in S.C.No.143/2016, whereby the application under Section 70(2) Cr.P.C., was rejected and the Petitioner was remanded to judicial custody; and direct the release of the Petitioner from judicial custody in connection with the above proceedings; b) Pass such other order(s) as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned HCGP for the respondent – State and perused the material on record. 3. The material on record will indicate that the petitioner is arraigned as accused No.1 in S.C.No.143/2016 which is pending before the trial Court for the alleged offences punishable under Sections 323, 354(A)(B), 376(D) r/w Section 34 of IPC. In the said proceedings, the petitioner was enlarged on bail on 19.10.2016 and was not in judicial custody since that time. Subsequently, on 04.01.2025, the trial Court issued non-bailable warrant as against the petitioner, as he did - 3 - HC-KAR NC: 2025:KHC:27837 CRL.P No. 9936 of 2025 not appear on that day and thereafter, the petitioner appeared before the trial Court on 21.01.2025 and filed an application under Section 70(2) of Cr.P.C., seeking recall of the non- bailable warrant issued against him. By the impugned order, the trial Court rejected the said application, aggrieved by which the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record including the impugned order would indicate that the trial Court took note of the fact that the petitioner was avoiding appearance before the Court despite issuance of non-bailable warrant and consequently, thought it appropriate not to show any indulgence in favour of the petitioner. In this context, learned counsel for the petitioner submits that if the impugned order of non-bailable warrant issued as against the petitioner is set aside by recalling the non-bailable warrant and by releasing the petitioner from custody, the petitioner would undertake to appear before the trial Court on all dates of hearing and co-operate with completion of trial in accordance with law, without seeking any adjournment under any circumstances whatsoever. The submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:27837 CRL.P No. 9936 of 2025 5. In view of the aforesaid facts and circumstances and the undertaking given on behalf of the petitioner that he would appear before the Trial Court on all dates of hearing and co- operate with for conclusion of the trial, without seeking unnecessary adjournment under any circumstances whatsoever, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 21.01.2025 and recall the non-bailable warrant issued as against the petitioner by directing his release from custody by imposing certain conditions. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 21.01.2025 passed by LIII Additional City Civil and Sessions Judge, Bengaluru in S.C.No.143/2016 is hereby set aside. (iii) The application dated 21.01.2025 filed by the petitioner under Section 70(2) Cr.P.C. is hereby allowed and NBW issued against the petitioner by the trial court is hereby recalled. - 5 - HC-KAR NC: 2025:KHC:27837 CRL.P No. 9936 of 2025 (iv) In view of recalling of NBW issued against the petitioner, the respondent-Police as well as the concerned Jail authorities are directed to release the petitioner forthwith without any delay. Registry is directed to communicate this order to the respondent - Police as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG/SRL List No.: 1 Sl No.: 68