- 1 - HC-KAR CNR: KAHC010475612026 NC: 2026:KHC:53170 CRL.A No. 1196 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1196 OF 2026 (449(Cr.PC) / 495(BNSS)) BETWEEN: RATHNAMMA, W/O NARAYANA, AGED ABOUT 56 YEARS, R/O MUDIGERE TALUK, KOLUGODU, BASKAL, CHIKKAMAGALURU DIST - 577 132. …APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: THE STATE OF KARNATAKA, STATE BY MUDIGERE POLICE, CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. K.NAGESHWARPPA, HCGP) THIS CRL.A. IS FILED UNDER SECTION 449(4) CR.P.C. (495 OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED 26.02.2026 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.MISC.276/2025 FILED UNDER SECTION 491 OF BNSS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475612026 NC: 2026:KHC:53170 CRL.A No. 1196 of 2026 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal to set aside the order dated 26.02.2026 passed by the Principal District and Sessions Judge, Chikkamagaluru in Crl.Misc.No.275/2025 on the application filed under Section 491 of BNSS, 2023. 2. I have perused the order dated 26.02.2026, which reads as under: "This case taken on board as per the advancement application moved by Sri.H.M.S. advocate. Sri. H.M.S. advocate files vakalat for the Applicant-Rathnamma W/o Narayana (respondent in this case) and file application U/sec.491 of BNSS along with RTC and other xerox documents and pleaded to give remission in payment of surety bond amount. - 3 - HC-KAR CNR: KAHC010475612026 NC: 2026:KHC:53170 CRL.A No. 1196 of 2026 On perusal of the records. In this case, surety bond amount is Rs.1,00,000/-. Court has directed to pay entire bond amount and pass over. Case again called at 3.30 p.m., No representation by the applicant. Call on hearing date i.e., by 25-03-2026." 3. The Trial Court has not passed any order on the application filed under Section 491 of BNSS. 4. It is submitted by the learned counsel for the appellant that, before considering the application under Section 491 of BNSS, the trial Court has issued an attachment warrant which is not sustainable under law. 5. On perusal of the impugned order, it is clear that trial Court has not passed any order on application filed under Section 491 of BNSS. Hence, I proceed to pass the following: ORDER i. The appeal is allowed-in-part; - 4 - HC-KAR CNR: KAHC010475612026 NC: 2026:KHC:53170 CRL.A No. 1196 of 2026 ii. The trial Court is directed to consider the application filed under Section 491 of BNSS, 2023, in accordance with law; iii. Till then, the trial Court shall not issue attachment warrant for recovery of surety bond amount of Rs.1,00,000/-. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 5