Allowed¶38

Jayarama Udupa v. State by Sagar Town P S

Karnataka HC5 Feb 2025CRL.P/1191/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. / Section 528 BNSS petition; quashing of NBW and split order dated 26.12.2024 in C.C.No.464/2016 (Principal Civil Judge and JMFC, Sagara); NBW against accused never served with summons; repeated reissuance of summons (23.9.2024, 14.11.2024, 5.12.2024) with no service acknowledgement; undated I.O. report; remittal after Crl.P.No.5609/2017 setting aside cognizance of 25.7.2016; Karnataka High Court; Justice Suraj Govindaraj.

What did the court decide?

Order dated 26.12.2024 in C.C.No.464/2016 passed by the Principal Civil Judge and JMFC, Sagara set aside; petitioner (accused No.2) directed to appear on the next listing date without further notice, failing which the Trial Court is free to issue NBW against him. ¶38

Jayarama Udupa Vs State by Sagar Town P S — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether the Trial Court could hold accused No.2 (petitioner) absent and proceed against him (NBW / split order dated 26.12.2024) when there was no proof of service of summons on him.

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Court's answer

Since no acknowledgement of service of summons on accused No.2 was placed on record, the Trial Court could not have held that accused No.2 had remained absent without service having been effected.

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Ratio / Principle

The Criminal Petition is allowed and the order dated 26.12.2024 in C.C.No.464/2016 passed by the Principal Civil Judge and JMFC, Sagara is set aside.

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Key takeaways

The petitioner, who is accused No.2 in C.C.No.464/2016, shall appear on the next date of listing without any further notice; if he fails to appear, the Court will be free to issue NBW against him.ratio¶41

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), oral order dated 05.02.2025 by Justice Suraj Govindaraj in Criminal Petition No. 1191 of 2025 filed under Section 482 Cr.P.C. / Section 528 BNSS by Jayarama Udupa, arraigned as Accused No.2 in C.C.No.464/2016 before the Principal Civil Judge and JMFC, Sagara. Following remittal under Criminal Petition No.5609/2017 (order dated 6.3.2024 setting aside the cognizance order dated 25.7.2016), the Trial Court took cognizance on 14.6.2024 and issued summons; although summons ordered on 14.6.2024 were reissued on 23.9.2024, 14.11.2024 and 5.12.2024, no acknowledgement of service on accused No.2 was on record, yet on 26.12.2024 an NBW was issued against him (and, per the prayer, the case split against him on an undated I.O. report). Held: the Trial Court could not have held that accused No.2 remained absent 'without the service being affected'; petition allowed and the order dated 26.12.2024 set aside, subject to the petitioner appearing on the next date without further notice, failing which NBW may issue.

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NC: 2025:KHC:5297 CRL.P No. 1191 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 1191 OF 2025 (482(Cr.PC)

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/ 528(BNSS)-)

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BETWEEN:

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JAYARAMA UDUPA S/O SUBRAMANYA UDUPA AGED ABOUT 52 YEARS R/AT BANNIKATTE ROAD AGRAHARA SAGARA TOWN SHIVAMOGGA KARNATAKA 577 401

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…PETITIONER

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(BY SRI. SAMEER S N.,ADVOCATE)

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AND:

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ASHPAK
KASHIMSA
MALAGALADINNI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH

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STATE BY SAGAR TOWN P S REP BY THE SPP HIGH COURT OF KARNATAKA BANGALORE 01

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MANJUNATH

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S/O LAKSHMAMMA MAJOR KHB COLONY, GANDHI NAGAR SAGAR TOWN 577 401 SHIVAMOGGA 577 401

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…RESPONDENTS

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(BY SRI. M.R. PATIL., HCGP FOR R1; R2-DISPENSED WITH)

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THIS CRIMINAL PETITION FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER OF THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC SAGARA IN CC.NO.464/2016 DATED 26-12-2024 ORDERING FOR THE SPLIT OF

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2 - NC: 2025:KHC:5297 CRL.P No. 1191 of 2025

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THE CASE AGAINST THE ACCUSED NO.2-JAYARAM UDUPA ON THE BASIS OF AN UNDATED I.O. REPORT AS AGAINST THIS PETITIONER AND ETC.

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

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs:

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a. Quash the impugned order of the Hon’ble Principal Civil Judge and JMFC Sagara in C.C.No.464/2016 dated 26.12.2024 ordering for the split of the case against the accused no.2 Jayaram Udupa on the basis of an undated I.O. report as against this petitioner;

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b. Pass any order as this Hon’ble Court deems fit to grant in the facts and circumstances in the interest of justice and equity.

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The contention of the petitioner is that in furtherance of the order passed in Criminal Petition No.5609/2017 dated 6.3.2024, the order of cognizance dated 25.7.2016 having been set aside and the matter remitted to the Trial Court for consideration of the chargesheet and application of mind and thereafter take cognizance. The Trial Court

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3 - NC: 2025:KHC:5297 CRL.P No. 1191 of 2025

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vide order dated 14.3.2024 recalled the order and directed that the accused person need not appear before Court till issuance of summons. In furtherance thereof, the Trial Court took cognizance on 14.6.2024 and directed issuance of summons. Though the same were served on accused Nos.1 and 3 therein, it was not served on the petitioner who is arraigned as accused No.2 therein.

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Without taking this into account, on 26.12.2024, Non Bailable Warant (NBW) came to be issued to accused No.2 on the ground that accused No.2 has remained absent for a long time. The submission of the learned counsel for the petitioner is that the petitioner/accused No.2 had not been served with the summons and therefore could not appear and as such NBW ought not to have been issued.

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Sri.M.R.Patil, learned HCGP would submit that accused No.2 is very well aware of the progress in the matter and has chosen deliberately not to appear

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4 - NC: 2025:KHC:5297 CRL.P No. 1191 of 2025

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before the Trial Court and he submits that the above petition would be liable to be dismissed.

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Heard Sri.Sameer S.N., learned counsel for the petitioner and Sri.M.R.Patil, learned HCGP for respondent No.1 and perused the papers.

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A perusal of the order sheet indicates that though summons had been ordered on 14.6.2024, the same came to again reissued on 23.9.2024, 14.11.2024 and 5.12.2024. There is no particular acknowledgement which has been placed on record to indicate service of notice on accused No.2. Hence, I am of the considered opinion that the Trial Court could not have held that the accused No.2 had remained absent without the service being affected. In that view of the matter, I pass the following:

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ORDER

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i) The Criminal Petition is allowed.

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ii) The order dated 26.12.2024 in C.C.No.464/2016 passed by Principal Civil Judge and JMFC, Sagara is set aside.

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5 - NC: 2025:KHC:5297 CRL.P No. 1191 of 2025

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iii) The petitioner who is accused No.2 in C.C.No.464/2016 shall appear on the next date when the matter is listed without requirement of any further notice. In the event of the petitioner not appearing on the next date, the Court would be free to issue NBW as against the petitioner.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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PRS List No.: 19 Sl No.: 5

Jayarama Udupa v. State by Sagar Town P S

Case brief

What is this about?

What did the court decide?

Jayarama Udupa v. State by Sagar Town P S

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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