Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28882 CRL.P No. 8586 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. 8586 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI MANOJ KUMAR S/O KOLIYAADUKAM, AGED ABOUT 43 YEARS, R/AT KANATHURU POST, MULIYARA, VIA KASARGODU KERALA – 671 542. …PETITIONER (BY SRI. DHANANJAY KUMAR.,ADVOCATE) AND:
THE STATE OF KARNATAKA BY AIRPORT PS REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT
(BY SMT. SOWMY.R, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 02.01.2017 PASSED IN CC NO.828/2010 PENDING ON THE FILE OF HONBLE PRINCIPAL CIVIL JUDGE(Jr.Dn.) AND JMFC DEVANAHALLI, REGISTERED BY AIRPORT POLICE STATION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28882 CRL.P No. 8586 of 2025
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:
“a) To set aside the order dated 02/01/2017 passed in C.C No. 828/2010, pending on the file of Hon'ble Prl. Civil Judge (Jr.Dn.) and JMFC Devanahalli, registered by Airport Police Station in the interest of justice and equity. b) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent and perused the material on record.
3.
Learned counsel for the petitioner submits that the impugned proceedings in C.C.No.828/2010 is posted before the Trial Court on 31.10.2025, on which date, the petitioner would appear and file appropriate application including the application for bail and as such, the impugned proclamation warrant, attachment warrant and NBW issued against the petitioner may be set aside by directing the petitioner to appear on 31.10.2025 before the Trial Court. The aforesaid submission is placed on record.
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HC-KAR NC: 2025:KHC:28882 CRL.P No. 8586 of 2025
4. Per contra, learned HCGP for the respondent – State submits that if the petitioner appear before the Trial Court on 31.10.2025, the proclamation warrant, attachment warrant and NBW issued against the petitioner may be set aside by directing the petitioner to appear before the Trial Court on 31.10.2025 without fail under any circumstances whatsoever.
5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition by issuing certain directions.
6. In the result, I pass the following:
ORDER (i) Petition is disposed of. (ii) Petitioner is directed to appear on 31.10.2025 before the Prl.Civil Judge (Jr.Dn) & JMFC, Devanahalli, without seeking adjournment under any circumstances whatsoever. (iii) The proclamation warrant, attachment warrant and NBW issued against the petitioner on various dates of hearing in C.C.No.828/2010 are hereby set aside. (iv) It is made clear that in the event the petitioner does not appear before the Trial Court on 31.10.2025, the proclamation
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HC-KAR NC: 2025:KHC:28882 CRL.P No. 8586 of 2025
warrant, attachment warrant and NBW issued against the petitioner shall stand revived automatically and the Trial Court shall proceed further in the matter. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.