- 1 - HC-KAR NC: 2025:KHC:44193 CRL.P No. 14779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14779 OF 2025 BETWEEN: 1. MR. B. VIDHYANANDA RAO S/O. BANGARA RAO, AGED ABOUT 67 YEARS, 2. MRS. LALITHA VIDHYANANDA RAO @ LALITHA VIDHYANANDA, W/O VIDHYANANDA RAO, AGED ABOUT 63 YEARS, BOTH ARE R/AT PADMAVATHI NILAYA, HOUSE NO. 2-133-6(4), PANCHA NADI GARMA, BONDEL POST, MANGALORE TALUK, KARNATAKA - 575 008 …PETITIONERS (BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA THROUGH MANGALORE NORTH PS, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001 2. MR. JERRY CHALISSERY, AGED ABOUT MAJOR, SENIOR MANAGER, THE CATHOLIC SYRIAN BANK LIMITED, MANGALORE BRANCH, 1ST FLOOR, VITHAL, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44193 CRL.P No. 14779 of 2025 DARSHAN, FALNIR ROAD, MANGALORE, MANGALORE CITY - 575 008. …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDITIONAL SPP FOR R1 (P/H)) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 17.09.2025 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AT MANGALORE IN C.C.NO.402/2018, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 177, 406, 408, 420 READ WITH SECTION 34 OF IPC AND CONSEQUENTLY REINSTATE THE BAIL BONDS AND SURETIES OF 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 Additional SPP accepts notice for respondent No.1 / State. 2. The order dated 17.09.2025 passed by the learned II Additional Senior Civil Judge and Chief Judicial Magistrate, at Mangalore, in C.C.No.402/2018, canceling the bail bonds and surety bonds of the petitioners / accused Nos.1 and 2 is assailed in this petition. 3. It could be seen from the impugned order that when the matter was called, neither the petitioners nor - 3 - HC-KAR NC: 2025:KHC:44193 CRL.P No. 14779 of 2025 their counsel were present. Hence, noticing that the matter pertains to 2018 and trial is yet to be commenced, the learned Magistrate proceeded to cancel the bail bonds and surety bonds of the petitioners and issued NBW against them. 4. It is submitted that petitioners were granted bail on 31.07.2017 and then they appeared before the Trial Court and as there was miscommunication, they could not appear before the Trial Court on the relevant day. The learned counsel submits that non-appearance was not intentional but for bonafide reason. He submits that henceforth, petitioners will regularly appear before the Trial Court, without fail. 5. Considering that the petitioners were earlier granted bail and in view of the above submission made by the learned counsel, an opportunity can be given to the petitioners to participate in trial, with a condition that they shall adhere to the undertaking now given. Accordingly, the following:- - 4 - HC-KAR NC: 2025:KHC:44193 CRL.P No. 14779 of 2025 ORDER i) Petition is allowed. ii) The order dated 17.09.2025 passed by learned II Additional Senior Civil Judge and Chief Judicial Magistrate, at Mangalore, in C.C.No.402/2018, canceling the bail bonds and surety bonds of the petitioners / accused Nos.1 and 2 and issuing NBW against them is hereby set aside. iii) Petitioners shall appear before the Trial Court on 07.11.2025. The learned Magistrate shall proceed with the case in accordance with law. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC CT-SG List No.: 1 Sl No.: 64