Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28766 CRL.P No. 10882 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. 10882 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
DIGVIJAY ROY S/O MANIK KUMAR ROY, AGED ABOUT 40 YEARS, R/AT A-202, STERLING RESIDENCY, DOLLARS COLONY, RMV 2ND STAGE, BENGALURU – 560 094 …PETITIONER (BY SRI. SANDESH KUMAR M., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY SANJAY NAGARA POLICE, SANJAY NAGARA, BENGALURU,
REP BY STATE PUBLIC PROSECUTOR, GOVT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001
2.
D RAJENDRA S/O LATE J A DORAIRAJ, AGED ABOUT 49 YEARS, R/AT NO 731, NAIDHILE, 3RD MAIN ROAD, 1ST STAGE, 2ND PHASE, GOKULA EXTENSION, BENGALURU – 560 054 …RESPONDENTS
(BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DATED 25.07.2025)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28766 CRL.P No. 10882 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE RESPONDENT NO.1 IN CRIME NO.203/2017 FILED BY THE SANJAY NAGARA POLICE, BANGALORE AND LATER NUMBERED AS C.C.NO.12433/2020, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF IPC, VIDE ANNEXURE-A, PENDING ON THE FILE OF VIII ADDITIONAL CHIEF METROPOLITAN JUDICIAL MAGISTRATE, AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“Wherefore, the petitioner prays that this Hon’ble Court may be pleased to quash the entire charge sheet filed by the respondent No.1 in Crime No.203/2017 filed by the Sanjay Nagara Police, Bangalore and later numbered as C.C.No.12433/2020 for the offence punishable under Sections 406 and 420 of IPC vide Annexure-A pending on the file of VIII Additional Chief Metropolitan Judicial Magistrate, Bengaluru in the ends of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.
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HC-KAR NC: 2025:KHC:28766 CRL.P No. 10882 of 2025
3. After arguing the matter for sometime, learned counsel for the petitioner submits that the petitioner undertakes to appear before the Trial Court on 13.08.2025 in C.C.No.12433/2020 and the impugned proclamation warrant issued against the petitioner on various dates of hearing may be quashed and the bail application to be filed by the petitioner may be directed to be considered, in accordance with law.
4. The said submission is placed on record.
5. In view of the aforesaid facts and circumstances, the submission made on behalf of the petitioner that he would appear before the Trial Court on 13.08.2025, I deem it just and appropriate to dispose of the petition quashing the impugned proclamation warrant issued by the Trial Court on various dates of hearing, by issuing certain terms and conditions.
6. In the result, I pass the following:
ORDER i) The petition is allowed. ii) The impugned order dated 09.06.2025 issuing proclamation against the petitioner and also the proclamation warrant issued on various dates of
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HC-KAR NC: 2025:KHC:28766 CRL.P No. 10882 of 2025
hearing, in C.C.No.12433/2020 by the VIII Additional Chief Metropolitan Judicial Magistrate, Bengaluru, are hereby quashed.
iii) Liberty is reserved in favour of the petitioner to file bail application, which shall be considered by the Trial Court, in accordance with law.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 4 Sl No.: 9