- 1 - HC-KAR NC: 2025:KHC:53521 CRL.P No. 16578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.16578 OF 2025 BETWEEN: MR. CHANDRAHASA KESHAVA SHETTY @ DHARANI @ CHANDRA, S/O LATE KESHAVA SHETTY , AGED ABOUT 60 YEARS, RESIDING AT DOOR NO. 1/6 NEAR ARASUKAMBALA, PADUPANAMBUR VILLAGE, MULKI TALUK, HALEANGADI D.K DISTRICT - 574 146. …PETITIONER (BY SRI. BALAKRISHNA M. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MULKI POLICE STATION, MANAGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. S.SURESH KUNDAR, FATHERS NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 56 YEARS, ASSISTANT SUB -INSPECTOR, MULKI POLICE STATION, MANGALURU CITY D.K DISTRICT -574 146. …RESONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53521 CRL.P No. 16578 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR ENTIRE RECORDS IN C.C. NO. 428/2025 (CRIME No.88/2025) AND NOW PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE (SN.DVN.) AND J.M.F.C. AT MOODABIDRI FOR THE ALLEGED OFFENCES PUNISHABLE U/S.208(B) AND 209 BNS,2023 REGISTERED BY THE RESPONDENT NO.1 MULKI POLICE STATION AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP accepts notice for respondent No.1-State. 2. Heard both sides and perused the material on record. 3. The proceedings in C.C.No.428/2025, pending before the learned Senior Civil Judge (Sr.Dn.) and JMFC at Moodabidri, are under challenge in this petition. 4. Charge sheet is filed against the petitioner for the offence punishable under Sections 208(b) and 209 of BNS, 2023. The allegations are that petitioner being one of the accused in Crime No.6/1999 registered at Mulki police station - 3 - HC-KAR NC: 2025:KHC:53521 CRL.P No. 16578 of 2025 for the offence punishable under Sections 143, 147, 148, 436, 427 r/w 149 IPC, by staying abroad has intentionally failed to attend the trial Court between 1999 and 2025, inspite of issuance of summons, warrant and proclamation etc., 5. It is the contention of the learned counsel for the petitioner that in the FIR registered in Crime No.6/1999 of Mulki police station, petitioner was not named as an accused. However, while filing charge sheet he was arraigned as accused No.34. Hence, he was not at all aware of the case pending against him and issuance of summons or warrant was not within his knowledge. He further contended that this Court has quashed the entire proceedings arising out of the main case vide judgment dated 28.10.2025 passed in Criminal Petition No.13540/2025. 6. Copy of the order passed in Criminal Petition No.13540/2025 is annexed to the petition as Document No.5. This Court after considering the material on record and also taking into consideration that the co-accused were acquitted by the trial Court, allowed the said petition and quashed the proceedings against the petitioner. - 4 - HC-KAR NC: 2025:KHC:53521 CRL.P No. 16578 of 2025 7. As could be seen from the FIR, petitioner has not been specifically named as an accused in Crime No.6/1999 of Mulki police station. He was arraigned as accused No.34 in the charge sheet. There are no sufficient material placed by the prosecution to show that the petitioner deliberately remained absent before the trial Court, in spite of receipt of summons. Hence, the contention of the learned counsel that petitioner was unaware of the pending case appears to be justified. 8. It is not in dispute that the entire proceedings in the main case is quashed by this Court. Hence, continuing the proceedings in C.C.No.428/2025, pending before the trial Court, arising out of Crime No.88/2025 of Mulki police station, will not serve any purpose. Hence, to prevent abuse of the process of the Court, it is just and necessary to quash the proceedings. Accordingly, the following ORDER Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:53521 CRL.P No. 16578 of 2025 The entire proceedings in C.C.No.428/2025, pending before the Senior Civil Judge (Sr.Dn.) and JMFC at Moodabidri are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE AP List No.: 1 Sl No.: 37