- 1 - HC-KAR NC: 2025:KHC:45689 CRL.P No. 14184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14184 OF 2025 BETWEEN: KIRAN KUMAR K. S/O SUNDAR GOWDA, AGED ABOUT 27 YEARS, R/AT KUNDADKA, KNIYOORU POST, DAKSHINA KANNADA-574 213. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA BY URVA POLICE STATION, MANGALORE CITY, D.K. DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. MRS. LEONILLA ENID DCOSTA D/O WILFRED D'SOUZA, AGED MAJOR, 3. MRS. MERLYN MARIA D/O WILFRED D'SOUZA, AGED MAJOR, BOTH ARE RESIDING AT NO.1-S-18-1280 TO 1-S-18-1283, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45689 CRL.P No. 14184 of 2025 1ST CROSS, TEMPLE LANE, KAMPA, MANGALORE-575 006. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 26.05.2025 PASSED BY THE COURT OF III JMFC, MANGALORE, IN CRIME NO.59/2024 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 427, 447 OF INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to set aside the order dated 26.5.2025 passed by the JMFC III Court, Mangaluru, D.K. arising out of Cr.No.59/2024 registered at Urva Police Station, Mangaluru City, for the offence punishable under Section 427 and 447 of IPC. - 3 - HC-KAR NC: 2025:KHC:45689 CRL.P No. 14184 of 2025 2. The learned Magistrate has issued NBW against the accused and notice to the surety vide impugned order dated 26.5.2025. 3. It is contended by the learned counsel for petitioner that he is not named as an accused in the FIR and therefore, the trial Court was not proper in issuing NBW, without issuing notice to the petitioner. 4. It is no doubt, FIR has been registered against unknown persons, however, the material on record goes to show that after the petitioner was granted interim bail, he did not co-operate with the investigation of the case. Therefore, the police have submitted a requisition to the learned Magistrate to cancel the bail granted to him and to issue warrant. Since the accused was absent before the Court, the learned Magistrate vide impugned order dated 26.5.2025 has issued NBW to the accused and notice to the surety. - 4 - HC-KAR NC: 2025:KHC:45689 CRL.P No. 14184 of 2025 5. Learned counsel for the petitioner submits that the police are making hectic efforts to arrest the petitioner and if he is arrested, he will be put great hardship. 6. Since the petitioner was granted bail in the case imposing conditions, he has to comply the conditions. The petitioner has undertaken to appear before the trial Court. Considering that he was granted bail earlier, an opportunity can be given to him to appear before the trial Court and also to comply with conditions imposed in the bail order. Hence, the following: ORDER i. The order dated 26.5.2025 issuing NBW to the accused and notice to surety, is hereby quashed. iii. Petitioner is directed to appear before the trial Court on 20.11.2025. - 5 - HC-KAR NC: 2025:KHC:45689 CRL.P No. 14184 of 2025 iii. Petitioner shall abide by the conditions imposed by the learned Magistrate vide order dated 11.6.2024, while releasing him on interim bail. iv. If the petitioner fails to appear before the trial Court as ordered and the bail conditions are violated, the learned Magistrate shall proceed in accordance with law. v. Petition is disposed of. Consequently, I.A.No.1/2025 stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 87