- 1 - HC-KAR NC: 2026:KHC:34368 CRL.P No. 8346 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.8346 OF 2026 (482 (Cr.P.C)/528 (BNSS)) BETWEEN: MR. ERIC ROBERT D’SILVA S/O LATE MR FRANCIS CLARLES D’SILVA, AGED ABOUT 53 YEARS, R/AT FLAT NO.262, BUILDING NO.25, JEEVAN SATHI LIC COLONY, J.P.NAGAR, 1ST PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: MR. SURESH KUNKU AGED ABOUT 37 YEARS R/AT VILLAGE NO.191, HIMAGIRI MEADOWS GOTTIGERE, BANNERGHATTA ROAD, BANGALORE - 560 083. HAVING ITS OFFICE AT VYASTY PROJECTS NO.763, 3RD FLOOR, GOWRI ARCH, 33RD CROSS, 9TH MAIN, JAYANAGAR 4TH BLOCK, BANGALORE - 560 011. ALSO AT NO.7, 1ST FLOOR, BEHIND AIRTEL OFFICE, NEAR VISHAVAMANAVA DOUBLE ROAD, SARASWATHIPURAM, MYSURU - 570 009. …RESPONDENT Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34368 CRL.P No. 8346 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 02.04.2025 PASSED IN C.C.NO.13367/2022 BY THE LEARNED XII A.S.C.J AND A.C.J.M BENGALURU DISMISSING THE COMPLAINT FOR DEFAULT/ NON PROSECUTION AND BE PLEASED TO RESTORE THE SAID COMPLAINT TO ITS ORIGINAL FILE AND NUMBER, WITH A DIRECTION TO THE LEARNED TRIAL COURT TO PROCEED WITH THE CASE IN ACCORDANCE WITH LAW AND DISPOSE OF THE SAME ON MERITS WITHIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayer: “WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to: a) Call for the entire records of C.C.No.13367/2022 arising out of P.C.R.No.1775/2022 on the file of the Additional Small Causes Judge and Additional Chief Metropolitan Magistrate at Bengaluru, Bengaluru City; b) Set aside the order dated 02.04.2025 passed in C.C.No.13367/2022 by the learned XII ASCJ & ACJM, Bengaluru, dismissing the complaint for default/non prosecution, and be pleased to restore the said complaint to its original file and number, with a direction to the learned Trial Court to proceed with the case in accordance with law and dispose of - 3 - HC-KAR NC: 2026:KHC:34368 CRL.P No. 8346 of 2026 the same on merits within such time as this Hon'ble Court may deem fit;” 2. The learned counsel appearing for the petitioner submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench of this Court in the case of M/s Rinse Top Tex Private Limited Vs. Sri Sai Creations and Another in Crl.P.No.11598/2024 DD. 25.01.2025, wherein the Co-ordinate Bench of this Court at paragraph Nos.4 and 5 held as under: “4. A perusal of the material will indicate that in the light of specific assertions on the part of the petitioner that he could not be present along with his counsel on 22.07.2024, nor pay the necessary process fee is due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 22.07.2024 and restore the case back on the file of the Trial Court for disposal in accordance with law. 5. In the result, the following: ORDER (i) The petition is allowed. The impugned order dated 22.07.2024 is set aside. - 4 - HC-KAR NC: 2026:KHC:34368 CRL.P No. 8346 of 2026 (ii) The proceedings in C.C. No.15846/2024 is restored to the file of Trial Court. (iii) The petitioner undertakes to appear before the Trial Court on 17.02.2025 and pay the necessary process fee, charges etc., for issuance of notice to the respondents on 17.02.2025 without seeking any adjournment under any circumstances whatsoever.” 3. In view of the decision of the Co-ordinate Bench of this Court in M/s Rinse Top Tex Private Limited’s case, this Court passes the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 02.04.2025 is set aside. (iii) The proceeding in C.C.No.13367/2022 is restored to the file of Trial Court. (iv) The petitioner undertakes to appear before the Trial Court on 05.08.2026 and pay the necessary process fee, charges etc., for issuance of notice to the respondent on - 5 - HC-KAR NC: 2026:KHC:34368 CRL.P No. 8346 of 2026 05.08.2026 without seeking any adjournment under any circumstances whatsoever. Sd/- (M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 146