- 1 - HC-KAR NC: 2025:KHC:28434 CRL.P No. 10663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10663 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR VIJAYKUMAR @ M VIJAYA KUMAR S/O M NARSANNA, AGED ABOUT 39 YEARS, R/AT 10-4-16/4, YENUGONDA, MAHABUBNAGAR, YENUGONA (RURAL) TELANGANA - 509 001. …PETITIONER (BY SRI. AJIT P B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY BAGEPALLI POLICE STATION, REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. S SAMPATH FATHER’S NAME UNKNOWN AGE UNKNOWN, ASSISTANT EXECUTIVE ENGINEER, PWD BAGEPALLI, CHIKBALLAPURA – 561 207. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 25.07.2017 ISSUING PROCLAMATION AGAINST THE PETITIONER AND ORDER DATED 21.12.2020 ISSUING ATTACHMENT WARRANT OF IMMOVABLE PROPERTIES OF THE PETITIONER AND SUCH ORDER ON CONSEQUENT DATES OF HEARING AS PER SEC.82 AND 83 OF CODE OF CRIMINAL PROCEDURE IN C.C.NO.89/2015 BY THE LEARNED CIVIL JUDGE AND J.M.F.C BAGEPALLI FOR THE OFFENCE P/U/S 427,431 OF IPC AND SEC.3 OF PREVENTION OF DAMAGED TO PUBLIC PROPERTY ACT 1984 AS PER ANNEXURE-A. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28434 CRL.P No. 10663 of 2025 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: “1. Quash the order dated 25.07.2017 issuing Proclamation against the Petitioner and order dated 21.12.2020 issuing attachment warrant of immovable properties of the Petitioner and such orders on consequent dates of hearing as per section 82 and 83 of Code of Criminal Procedure in C.C.No.89/2015 by the Learned Civil Judge and JMFC, Bagepalli, for the offence punishable under section 427 and 431 of the I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984, as per Annexure-A. 2. Pass any other order deemed fit in the facts and circumstances of the case.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that the petitioner undertakes to appear before the Trial Court on the next date of hearing i.e., on 28.02.2025 in C.C.No.89/2015 and the impugned proclamation and - 3 - HC-KAR NC: 2025:KHC:28434 CRL.P No. 10663 of 2025 attachment 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 28.07.2025, I deem it just and appropriate to dispose of the petition quashing the impugned proclamation and attachment 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 25.07.20217 issuing proclamation against the petitioner and the order dated 21.12.202 issuing attachment warrant of immovable properties of the petitioner and also the proclamation and attachment warrant issued on various dates of hearing, in C.C.No.89/2015 by the - 4 - HC-KAR NC: 2025:KHC:28434 CRL.P No. 10663 of 2025 Civil Judge and JMFC, Bagepalli, 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 BMC List No.: 3 Sl No.: 91