- 1 - HC-KAR NC: 2025:KHC:28266 CRL.P No. 10031 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. 10031 OF 2025 BETWEEN: OINDRILA DASGUPTA D/O MR MIHIR KUMAR DASGUPTA AGED ABOUT 37 YEARS, R/O E-248, 2ND FLOOR, GREATER KAILASH-I E-BLOCK NEW DELHI-110048 …PETITIONER (BY SRI. MOHAN KUMAR B M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CYBER CRIME POLICE STATION, BENGALURU CITY NO.21, CID ANNEXE BUILDING, RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001 2. MR SHAYAK SEN S/O MALAI RANJAN SEN AGED ABOUT 42 YEARS, RESIDING AT NO.1302 TERRAPIN, SJR WATERMARK, HARLUR ROAD, OFF SARJAPUR ROAD BENGALURU CITY-560103 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28266 CRL.P No. 10031 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDERS DATED 30.05.2025 AND 24.06.2025 PASSED IN CC NO.32538/2023 BY THE HONBLE COURT OF THE XLV ADDL.CJM, BENGALURU ISSUING THE NON BAILABLE WARRANTS. 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 for the following reliefs: "a) Call upon the complete records of the C.C.No.32538/2023 pending before the Hon'ble Court of the XLV Addl. Chief Judicial Magistrate, Bengaluru, Karnataka. b) Quash the impugned orders dated 30.05.2025 & 24.06.2025 passed in C.C.No.32538/2023 by the Hon'ble Court of the XLV Addl. Chief Judicial Magistrate, Bengaluru issuing the Non Bailable Wararnts; and c) Pass any other/further order or orders, as this Hon'ble Court may deem fit and proper in the interest of justice." 2. Heard Sri.Mohan Kumar B.M., the learned counsel for the petitioner and Sri.K.Nageshwarappa, the learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:28266 CRL.P No. 10031 of 2025 3. For the order proposed, notice to respondent No.2 is dispensed with. 4. A perusal of the material on record will indicate that the petitioner is the wife of the second respondent / de-facto complainant and the impugned proceedings in C.C.No.32538/2023 are pending against the petitioner - accused before the trial Court. During the course of the said proceedings, the trial Court passed the impugned orders dated 30.05.2025, 24.06.2025 and 16.07.2025 and posted the matter to 22.08.2025. 5. Learned counsel for the petitioner submits that if the impugned orders dated 30.05.2025, 24.06.2025 and 16.07.2025 issuing non-bailable warrant as against the petitioner as well as the non-bailable warrant issued as against the petitioner are set aside and recalled, the petitioner would undertake to appear before the trial Court on the next date of hearing posted on 22.08.2025. - 4 - HC-KAR NC: 2025:KHC:28266 CRL.P No. 10031 of 2025 6. It is submitted that the petitioner being a lady not residing in Bengaluru would file an application seeking permanent exemption, which may be directed to be considered by the trial Court, on the next date of hearing, in accordance with law. 7. In view of the aforesaid facts and circumstances and the undertaking given by the petitioner that she would appear before the trial Court on the next date of hearing i.e., of C.C. No.32538/2023 posed on 22.08.2025, I deem it just and appropriate to set aside non-bailable warrant issued against the petitioner as well as the orders dated 30.05.2025, 24.06.2025 and 16.07.2025 and dispose of this petition by issuing certain directions. 8. In the result, the following: ORDER i) The Criminal Petition is hereby allowed; ii) The impugned orders dated 30.05.2025, 24.06.2025 and 16.07.2025 passed by the Trial - 5 - HC-KAR NC: 2025:KHC:28266 CRL.P No. 10031 of 2025 Court issuing non-bailable warrant as against the petitioner as well as the non-bailable warrant issued as against the petitioner are hereby recalled and set aside, subject to the condition that the petitioner shall appear before the trial Court on 22.08.2025; iii) Liberty is reserved in favour of the petitioner to file an application seeking permanent exemption before the trial Court, which shall be considered by the trial Court, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 70