- 1 - HC-KAR NC: 2025:KHC:41147 CRL.P No. 10819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10819 OF 2025 BETWEEN: IMDAD ULLA S/O AMJAD ULLA AGED ABOUT 31 YEARS R/A 738, SARAYIPALYA VILLAGE MAIN ROAD LEFT SIDE, BENGALURU - 092 …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: STATE OF KARNATAKA BY KORAMANGALA PS REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI. JAGADEESHA B.N, ADDL. SPP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER OF PROCLAMATION DATED 30.08.2022 ISSUED AGAINST THE PETITIONER BY THE LEARNED XLI BENGALURU IN CC NO.2255/2018 AND NBW AGAINST THE PETITIONER DATED 04.04.2025 BY THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41147 CRL.P No. 10819 of 2025 LEARNED XXXIX ACMM IN CC NO.11256/2025 BEARING CR NO.172/2015 OF KORAMANGALA PS FOR THE OFFENCES P/U/S 86 AND 87 OF KARNATAKA FOREST ACT 1963 AND SECTION 379 OF IPC PENDING ON THE FILE OF XXXIX ADDL.CJM, AT BANGALORE IN CC NO.11256/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, aggrieved by the order of Proclamation dated 30.08.2022 issued by the learned Magistrate in C.C No.2255 of 2018 has preferred this petition. 2. FIR in Crime No. 172/2015 of Koramangala Police Station, Bangalore City, was registered against unknown persons for the offence punishable under Sections 86, 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC. 3. It is alleged that some unknown persons have cut and removed a sandalwood tree in the wee hours of - 3 - HC-KAR NC: 2025:KHC:41147 CRL.P No. 10819 of 2025 06.03.2025, from the compound of the house of the first informant. 4. Charge sheet was filed against seven accused, showing accused Nos.1 to 6 as absconding. The petitioner is arraigned as accused No.1. In spite of issuance of N.B.W., he could not be secured. Therefore, the learned Magistrate issued proclamation and attachment warrant. 5. The order sheet would disclose that accused Nos.1 to 7 remained absent and therefore proclamation was issued against all the said accused under Sections 82 and 83 of Cr.P.C. 6. It is submitted by the learned counsel for the petitioner that accused No.6 was secured under body warrant and he has been now lodged in the prison. Insofar as other accused, the proclamation is in force. 7. The FIR is registered against unknown persons. The police have filed absconding charge sheet against the - 4 - HC-KAR NC: 2025:KHC:41147 CRL.P No. 10819 of 2025 accused. It is the contention of the learned counsel for the petitioner that petitioner was unaware of the case registered and filing of charge sheet against him. It is also submitted that petitioner is a resident of Bangalore but at no point of time he was made known about issuance of warrant and proclamation. 8. From the material on record, it cannot be said that petitioner has intentionally avoided his appearance before the trial court. In the facts and circumstances, an opportunity can be given to the petitioner to appear before the trial court and participate in the trial. 9. The issuance of N.B.W and proclamation as against the petitioner/accused No.1 is hereby set aside. The petitioner is directed to appear before the 39th ACJM at Bangalore, where the case is now pending in C.C.No.11256/2025. The learned Magistrate shall enlarge the petitioner on bail, if an application is filed in this regard, imposing appropriate conditions. - 5 - HC-KAR NC: 2025:KHC:41147 CRL.P No. 10819 of 2025 10. The petitioner shall appear before the trial court on every date of hearing without fail. 11. The petition is disposed of. 12. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 20