Suresha N L Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Suresha N L Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of proclamation order/attachment/NBW issued by the Trial Court, subject to the petitioner appearing before the Trial Court on 08.10.2025 without further notice; revival of proclamation/attachment/NBW and continuation by the Trial Court in accordance with law upon non-appearance; liberty reserved to file appropriate application including for discharge.

Issue for consideration

Whether the proclamation order/attachment/NBW issued against the petitioner in C.C.No.8780/2014 ought to be set aside, and on what conditions. +1 more

Court's answer

Proclamation order/attachment/NBW issued by the Trial Court against the petitioner are set aside subject to the condition that the petitioner appear before the Trial Court on 08.10.2025 without awaiting further notice from the Trial Court.

Ratio / Principle

If the petitioner does not appear before the Trial Court on 08.10.2025, the proclamation/attachment/NBW shall be revived and the Trial Court shall proceed in accordance with law.

Key takeaways

Liberty is reserved to the petitioner to file appropriate application including the application seeking discharge; if filed, the Trial Court shall consider it in accordance with law.ratio¶42
Notice to respondent No.2 is dispensed with.ratio¶30

Detailed headnote1 paragraphs

Criminal Petition under Section 482 Cr.P.C. (CRL.P No. 11575 of 2025) by Suresha N.L., arrayed as Accused No.1 in C.C.No.8780/2014 on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, for offences punishable under Sections 408, 120(B) read with Section 34 IPC, seeking quashing of the proceedings and setting aside of the proclamation order dated 30.05.2019: petition DISPOSED. Proclamation/attachment/NBW issued by the Trial Court set aside subject to the petitioner appearing before the Trial Court on 08.10.2025 without awaiting further notice; on failure to appear, the proclamation/attachment/NBW to be revived and the Trial Court to proceed in accordance with law. Liberty reserved to file appropriate application including for discharge, to be considered by the Trial Court in accordance with law. Notice to Respondent No.2 dispensed with. (Coram: S.R. Krishna Kumar, J.; decision dated 29.08.2025.)

NC: 2025:KHC:33697 CRL.P No. 11575 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF AUGUST 2025 BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11575 OF 2025 (482(Cr.PC) / 528(BNSS)-)

BETWEEN:

SURESHA N.L., S/O. L. LINGEGOWDA, AGED ABOUT 47 YEARS NIDAGODI VILLAGE, IGGALURU POST, VIRUPAKSHIPURA HOBLI, CHANNAPATTANA TALUK BENGALURU SOUTH DISTRICT.

…PETITIONER

(BY SRI. PRAMOD R., ADVOCATE)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.02 18:09:55 +0530

THE STATE OF KARNATAKA, BY H.S.R. LAYOUT POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001.

RAGHUNATH B., AGED ABOUT 52 YEARS, ASSISTANT MANAGER, C.M.S. INFOSYSTEMS, PRIVATE LIMITED, SECURITY DIVISION, OFFICE/ AT NO.20, POTREE ROAD, COXTOWN, BENGALURU - 560005.

…RESPONDENTS

(BY SRI. RAHUL RAI, HCGP FOR R1) (NOTICE TO R2 IS DISPENSED )

NC: 2025:KHC:33697 CRL.P No. 11575 of 2025

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HC-KAR

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.8780/2014 ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR AN OFFENCES PUNISHABLE UNDER SECTION 408, 120(B) READ WITH SECTION 34 OF IPC AND SET ASIDE THE PROCLAMATION ORDER DATED 30.05.2019 PASSED BY THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.8780/2014, IN THE INTEREST OF JUSTICE.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

In this petition, petitioner seeks the following relief:

"a) Quash entire proceedings in C.C. No.8780/2014 on the file of IV additional Chief Metropolitan Magistrate, Bengaluru, for an offence punishable under Sections 408, 120(B), r/w 34 of IPC; and

b) Set aside the proclamation order dated 30.05.2019 passed by the IV Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No.8780/2014, in the interest of justice."

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader for the respondent No.1 and perused the material on record.

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NC: 2025:KHC:33697 CRL.P No. 11575 of 2025

HC-KAR

For the order proposed, notice to respondent No.2 is dispensed with.

Learned counsel for the petitioner submits that the proceedings in C.C.No.8780/2014, in which, the petitioner herein is arrayed as accused No.1 presently stands posted before the Trial Court on 08.10.2025, and the petitioner would appear before the Trial Court on that date and file an appropriate application which may be directed to disposed off by the Trial Court in accordance with law. Therefore, it is submitted that proclamation order/attachment/ NBW issued against the petitioner may be set aside and the petitioner may be permitted to appear before the Trial Court on 08.10.2025.

The submission of the learned counsel for the petitioner is placed on record.

In view of the aforesaid facts and circumstances and undisputedly the Trial Court has posted the matter on 08.10.2025, I deem it just and proper to set aside the Proclamation order/attachment/NBW issued against the petitioner by imposing certain conditions upon him.

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NC: 2025:KHC:33697 CRL.P No. 11575 of 2025

HC-KAR

Accordingly, I pass the following:

ORDER

i) The petition is disposed off.

ii) Proclamation order/Attachment/NBW issued by the Trial Court against the petitioner are hereby set aside subject to the condition that the petitioner shall appear before the Trial Court on 08.10.2025, without awaiting further notice from the Trial Court.

iii) It is made clear that, in the event petitioner does not appear before the Trial Court on 08.10.2025, the proclamation/attachment/ NBW shall be revived and the Trial Court shall proceed in accordance with law.

iv) Liberty is reserved in favour of the petitioner to file appropriate application including the application seeking discharge. If such an application is filed by the petitioner, the same shall be considered by the Trial Court in accordance with law.

Sd/(S.R.KRISHNA KUMAR) JUDGE

KMS, CT-MCK

List No.: 19 Sl No.: 5