- 1 - HC-KAR NC: 2025:KHC:49411 CRL.P No. 15679 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15679 OF 2025 BETWEEN: MR. NAGENDRA S. S/O P. SRINIVASANAYAKA, AGED ABOUT 39 YEARS, R/AT NO.155, MAIN ROAD, KELLAMBALLI, CHAMRAJNAGAR, KARNATAKA-571 313. …PETITIONER (BY SRI. SYED JAFFER MOHIYUDDIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. 2. SIDDAMALLASHETTY HC 270 AGED ABOUT 47 YEARS R/AT NO. CHAMARAJANAGARA TOWN POLICE STATION, CHAMARAJANAGAR, KARNATAKA-571 313. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49411 CRL.P No. 15679 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO SET ASIDE THE PROCLAMATION ORDER DATED 02.08.2025 IN C.C.NO.198/2023 U/S.143, 341 AND 149 OF INDIAN PENAL CODE, 1860 AT ANNEXURE-D WHICH IS PENDING BEFORE THE COURT OF ADDL. SENIOR CIVIL JUDGE AND JMFC., CHAMARAJNAGAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for the State. 2. The prayer in this petition is to set aside the proclamation order dated 02.08.2025 passed in CC No.198/2023 by the Court of Additional Senior Civil Judge and JMFC, Chamarajanagar. 3. Petitioner is arraigned as accused No.4 in Crime No.54/2022 of Chamarajanagar Town Police Station, registered for the offence punishable under Section 143, 341 r/w 149 of IPC. - 3 - HC-KAR NC: 2025:KHC:49411 CRL.P No. 15679 of 2025 4. The order sheet of the trial Court reveals that on 11.01.2024 petitioner was enlarged on bail and the NBW issued against him was recalled by imposing penalty. Subsequently, since the petitioner failed to appear before the trial Court, NBW was issued and consequently proclamation order came to be passed, after forfeiting the surety bond. 5. The Learned counsel for petitioner submits that the petitioner was not able to be present before the trial Court for bona fide reasons and if an opportunity is given, he will undertake to appear before the trial Court, henceforth. 6. Having regard to the facts and circumstances of the case, an opportunity can be given to the petitioner to appear before the trial Court, in the interest of justice. 7. The Order dated 02.08.2025 passed in CC No.198/2023 by the Court of Additional Senior Civil Judge and JMFC, Chamarajanagar, forfeiting the bond - 4 - HC-KAR NC: 2025:KHC:49411 CRL.P No. 15679 of 2025 amount executed by the surety of the petitioner/accused No.4 and issuance of proclamation is hereby set aside. 8. The petitioner/accused No.4 is directed to appear before the trial Court on the next date of hearing and on subsequent dates of hearing. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 82