- 1 - HC-KAR NC: 2025:KHC:29141 WP No. 22370 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 WRIT PETITION NO.22370 OF 2025 (GM-RES) BETWEEN: ASHWAK KHAN @ ASHU @ RAFIQ KHAN S/O REHMAN KHAN AGED ABOUT 44 YEARS R/AT NO.161, SHIVAJI ROAD, NEAR MALIK TEA SHOP, SHIVAJI NAGAR BANGALORE- 560051. …PETITIONER (BY SRI. TAHIR, ADVOCATE) AND: STATE BY SHIVAJI NAGAR PS REP. BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX, OPPOSITE VIDHANA SOUDHA, BENGALURU – 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 18/12/2018 PROCLAMATION ORDER AGAINST THE PETITIONER/ACCUSED NO.2 PASSED BY THE LEARNED 66TH ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-67) IN SC NO. 606/2014 ARISING OUT OF CRIME NO.205/2013 SHIVAJI NAGAR PS AT ANNEXURE-D, FOR THE ALLEGED OFFENCES UNDER SECTIONS 504, 307 AND 363 R/W 34 OF IPC, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29141 WP No. 22370 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) To quash the order dated 18.12.2018 proclamation order against the petitioner / accused No.2 passed by the learned 66th Addl. City Civil & Sessions Judge, Bengaluru (CCH- 67) in S.C.No.606/2014 arising out of Crime No.205/2013 Shivaji Nagar PS at Annexure-D for the alleged offences under Sections 504, 307 and 363 r/w 34 of IPC, wherein the petitioner is arrayed as accused No.2, in the interest of justice and equity and / or ii) Pass any other order which this Hon’ble Court deems fit by considering the facts of this Court, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that having regard to the issuance of NBW and proclamation warrant as against the petitioner, petitioner shall approach the Trial Court and file appropriate application seeking suitable reliefs, which may be directed to be considered by the Trial Court in accordance with law - 3 - HC-KAR NC: 2025:KHC:29141 WP No. 22370 of 2025 and till such time, the Trial Court may be directed not to take precipitative/coercive steps in this regard. 4. The aforesaid submission is placed on record. 5. Accordingly, the petition is disposed of reserving liberty in favour of the petitioner to approach the Trial Court and file appropriate application. If such application is filed, the Trial Court shall consider and pass appropriate orders on the said application in accordance with law. It is further directed that till the Trial Court pass appropriate orders on such application to be filed by the petitioner, the impugned proclamation warrant as well as Non Bailable Warrant issued as against the petitioner shall remain in abeyance and the Trial Court and respondent shall also not take any precipitative / coercive steps against the petitioner. 6. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 11 Sl No.: 24