- 1 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104531 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: AYYUB S/O. SANNAHUSENSAB NADDIMULLA, AGE. 30 YEARS, OCC. NIL OR A COMPETITIVE EXAMINEE, R/O. #429/21, IRANI COLONY, GADAG, PIN CODE-582101, TQ. GADAG, DIST. GADAG. …PETITIONER (BY SRI. SACHIN S.ANGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH GADAG WOMEN POLICE STATION, GADAG REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SMT. NOUREEN BANU D/O. SAYYAD RASHEED MAKARENDAR, AGE. 29 YEARS, OCC. ENGINEER AND A COMPETITIVE EXAMINEE AS PER CHARGE SHEET, R/O. 393/3B, PLOT NO.105 TAJ NAGAR, 4 CROSS, GADAG, PIN CODE-582101 AND HOUSE NO.397 OPP. VALMI BHAVAN GADAG, PIN CODE-82101. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 PRESENTLY RESIDING AT: RAJ MAHAL GIRL PG, CANARA BANK COLONY ROAD BEHIND VILLAGE SUPER MARKET MARUTI NAGAR, CHANDRA LAYOUT BENGALURU, PIN CODE-560072. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO, ALLOW THE PRESENT PETITION AND SET ASIDE THE ORDER DATED 07/11/2025 PASSED ON THE APPLICATION UNDER SECTION 70(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973, IN C.C. NO.2262/2022, PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC-I COURT, GADAG, ARISING OUT OF CRIME NO.14/2022 REGISTERED BY THE GADAG WOMEN POLICE STATION, GADAG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(D) AND 509 OF THE INDIAN PENAL CODE, 1860; AND CONSEQUENTLY, RECALL THE NON- BAILABLE WARRANT ISSUED AGAINST THE ACCUSED VIDE ORDER DATED 31/10/2025 BY THE LEARNED TRIAL COURT AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioner seeking to set aside the order dated 07.11.2025 passed in CC No.2262/2022 pending on the file of I-Additional Civil Judge and JMFC-I, Gadag1, wherein, the Trial Court has rejected the application filed under Section 70(2) of Cr.P.C., on insisting the presence of the accused. Being aggrieved by the same, the petitioner has preferred this petition. 2. Heard Sri.Sachin S.Angadi, learned counsel for the petitioner and Sri.Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State. 3. It is the submission of the learned counsel for the petitioner that, if, such an application is filed before the Trial Court to recall the Non-Bailable Warrant insisting the presence of the accused for the purpose of recalling Non- Bailable Warrant, is contrary to the settled position of law enunciated by the Hon’ble Supreme Court in the case of 1 For short, ‘the Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 Satender Kumar Antil Vs. Central Bureau of Investigation and Another2. Making such submissions, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that insisting the accused for the purpose of recalling, is very much necessary. Without accused, it is not appropriate to recall the said warrant therefore, the order of the Trial Court is justified and the same has to be sustained. Making such submissions, he prays to reject the petition. 5. Having heard the learned counsel for the respective parties and also on perusal of the averments of the order of the Trial Court passed in rejecting the said application, it is appropriate to extract paragraph No.3 of the judgment of the Hon’ble Supreme Court in the case of Satender Kumar Antil (supra). “3. We are inclined to accept the guidelines and make them a part of the order of the Court for 2 2022 LiveLaw (SC) 577 - 5 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 the benefit of the courts below. The guide lines are as under: “Categories/Types of Offences (a) Offences punishable with imprisonment of 7 years or less not falling in Categories B and D. (b) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years. (c) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (Section 37), PMLA (Section 45), UAPA (Section 43-D(5)], companies act [Section 212(6)], etc. (d) Economic offences not covered by Special Acts.” 6. On careful reading of the judgment of the Hon’ble Supreme Court, it is evident that insisting the presence of the accused for recalling Non-Bailalbe Warrant before its execution is not necessary. 7. Having considered the said ratio laid down by the Hon’ble Supreme Court in the case stated supra, it is appropriate to allow the petition. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:15530 CRL.P No. 104531 of 2025 ORDER (i) The petition is allowed. (ii) The order dated 07.11.2025 passed in CC No.2262/2022 by the I-Additional Civil Judge and JMFC-I, Gadag, is hereby set aside. (iii) The petitioner is directed to appear before the Trial Court. (iv) The Non-Bailable Warrant issued against the petitioner is recalled. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 80