- 1 - HC-KAR CNR: KAHC010522392026 NC: 2026:KHC:44744 CRL.P No. 11505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11505 OF 2026 BETWEEN: MRS GULZAR BANU AGED ABOUT 60 YEARS, W/O. AFROZ PASHA R/AT NO.95, 2ND FLOOR, 4TH CROSS, R..T NAGAR PUBLIC SCHOOL, CLASSIC BAKERY, KAUSER NAGAR, R.T. NAGAR, BANGALORE - 560 032 …PETITIONER (BY SRI. IRSHAD AHMED K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPP R.T NAGAR P.S., BY S.P.P. HIGH COURT OF KARNATAKA BANGALORE 2. SMT. AFSHAN FATHIMA, AGED ABOUT 36 YEARS, W/O. DR. IMRAZ PASHA, R/AT NO.95, 2ND FLOOR, 4TH CROSS, R.T. NAGAR PUBLIC SCHOOL, CLASSIC BAKERY, KAUSER NAGAR, R.T. NAGAR, BANGALORE - 560 032 …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010522392026 NC: 2026:KHC:44744 CRL.P No. 11505 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DTD 29.06.2026 PASSED IN CC.NO.28996/2025, PENDING BEFORE THE VIII ACJM, BENGALURU BETWEEN R.T.NAGAR P.S. v/s IMRAZ PASHA AND OTHERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Irshad Ahmed K., learned counsel appearing for the petitioner, Smt. Deepthi Alva, learned HCGP appearing for respondent No.1 and have perused the material on record. 2. The petitioner is before the Court calling in question an order of the concerned Court dated 29.06.2026, by which, a split charge is drawn against the petitioner on the score that the petitioner has not appeared before the concerned Court. The order of the concerned Court is as follows: - 3 - HC-KAR CNR: KAHC010522392026 NC: 2026:KHC:44744 CRL.P No. 11505 of 2026 "Informant present Accused No.1 and 3 present. Accused No.2 absent. Advocate for accused No.2 filed EP. Perused out of station. One or other accused was absent for last 11 dates of hearing and hence considering the absence of accused No.2, office is directed to issue intimation to file split up charge sheet against accused No.2 and hence perused the records. Primafaceily appears from the record that accused No.1 to 3 committed the alleged offence and hence charge framed. Pleaded not guilty and claimed to be tired. Issue WS to CW1 to CW3 by 28-07-2026." 3. Learned counsel appearing for the petitioner undertakes that the petitioner would appear on all occasions and the split charge may be obliterated and the petitioner be tried along with others in the regular proceedings. 4. In the light of the said submission and the undertaking of the learned counsel appearing for the petitioner that the petitioner would be present on all occasions before the concerned Court, I deem it appropriate to set aside the said order dated 29.06.2026 insofar as accused No.2 is concerned - 4 - HC-KAR CNR: KAHC010522392026 NC: 2026:KHC:44744 CRL.P No. 11505 of 2026 and direct the concerned Court to continue the trial insofar as the present petitioner is concerned as in C.C.No.28996/2025 and not in the split charge. 5. In the event the petitioner would not be present as undertaken before this Court, the concerned Court is at liberty to draw any proceedings against the petitioner in accordance with law. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 104