- 1 - HC-KAR NC: 2025:KHC:43578 CRL.P No. 14514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14514 OF 2025 BETWEEN: PRAMOD @ BATTI PRAMOD S/O KODANDARAMU, AGED ABOUT 38 YEARS, R/A NO 127, 5TH CROSS, 2ND STAGE, 40 FEET ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU 560 010. …PETITIONER (BY SRI. B.S.JAYANTH KRISHNA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, BENGALURU RURAL, REP. BY S. P. P. OFFICE, HIGH COURT OF KARNATAKA, BENGALURU 560001. 2. CHANDHAN D. S. S/O SHAMBURUDRAPPA, AGED ABOUT 29 YEARS, R/A INDIRANAGARA, NELAMANGALA TOWN, BENGALURU DISTRICT, KARNATAKA 562 132. …RESPONDENTS (BY SRI. M. V. ANOOP KUMAR., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO A. SET ASIDE THE ORDER DATED 11.03.2025 AND THEREBY ISSUING NON BAILABLE WARRANT AGAINST THE PETITIONER, NOTICE TO SURETY ALSO Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43578 CRL.P No. 14514 of 2025 CONSEQUENT ORDER DATED 13.05.2023, 28.07.2025 AND 09.10.2025 IN SC NO.14161/2017 BY THE HONBLE VI ADDL.DISTRICT JUDGE, BENGALURU RURAL.B. GRANT COSTS TO THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, 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 / State. 2. Petitioner is facing trial in S.C.No.92/2023 on the file of the Court of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, along with accused Nos.2 to 5, for the offence Punishable under Section 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of IPC. 3. The issuance of NBW and proclamation against the petitioner / accused No.1 is assailed in this petition. 4. The order sheet would disclose that, as the petitioner was absent before the trial Court, NBW was issued against him on 11.03.2025 and on the next date of - 3 - HC-KAR NC: 2025:KHC:43578 CRL.P No. 14514 of 2025 hearing i.e., on 13.05.2025, as he was absent, proclamation was issued under Section 82 and 83 of Cr.P.C. 5. Learned High Court Government Pleader has contended that petitioner has remained absent before the Trial Court continuously and therefore, the learned Sessions Jude having no other option, issued NBW and proclamation against him and issued notice to his surety. 6. Learned counsel for petitioner submits that due to miscommunication with the advocate and due to ill health, the petitioner was unable to appear before the trial Court and his nonappearance was not intentional. He submits that if an opportunity is given, the petitioner will undertake to appear diligently before the trial Court on all dates of hearing. 7. Considering the submission of the learned counsel, in the facts and circumstances, an opportunity can be given to the petitioner to appear before the Trial - 4 - HC-KAR NC: 2025:KHC:43578 CRL.P No. 14514 of 2025 Court and file necessary application for recalling of the NBW and proclamation. If such an application is filed on or before 12.11.2025, the learned Sessions Judge shall allow the application and recall the NBW and proclamation issued against the petitioner. 8. Petitioner shall appear before the trial Court regularly, henceforth. 9. Petition is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 55