Allowed¶41

Mr. B Vidhyananda Rao v. the State of Karnataka

Karnataka HC3 Nov 2025CRL.P/14779/2025

Case brief

AI extract

What is this about?

Cancellation of bail bonds and surety bonds set aside; NBW issuance set aside; non-appearance attributed to miscommunication, held not intentional; undertaking to appear regularly before Trial Court; appearance directed on 07.11.2025; C.C.No.402/2018, II Additional Senior Civil Judge and CJM Mangalore; offences under IPC Sections 120(B), 177, 406, 408, 420 read with Section 34; filed under Section 482 Cr.P.C. / Section 528 BNSS; High Court of Karnataka; Justice Mohammad Nawaz; CRL.P No. 14779 of 2025; accused Nos.1 and 2; respondent includes Senior Manager, Catholic Syrian Bank Limited, Mangalore Branch.

What did the court decide?

Impugned order dated 17.09.2025 (cancellation of bail bonds and surety bonds and issuance of NBW) set aside; petitioners directed to appear before the Trial Court on 07.11.2025; I.A.No.1/2025 disposed of.

Mr. B Vidhyananda Rao Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶41

Issue for consideration

Whether the order dated 17.09.2025 passed by the II Additional Senior Civil Judge and CJM, Mangalore, in C.C.No.402/2018, canceling the petitioners' bail bonds and surety bonds and issuing NBW, should be set aside so as to reinstate the bail bonds/sureties and enable the petitioners to participate in the trial.

¶24

Court's answer

Considering that the petitioners were earlier granted bail and in view of the counsel's submission, an opportunity can be given to the petitioners to participate in trial, with a condition that they shall adhere to the undertaking now given.

¶36

Ratio / Principle

Petition is allowed; the order dated 17.09.2025 of the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangalore, in C.C.No.402/2018, canceling the bail bonds and surety bonds of the petitioners / accused Nos.1 and 2 and issuing NBW against them, is set aside.

¶42

Key takeaways

Petitioners shall appear before the Trial Court on 07.11.2025, and the learned Magistrate shall proceed with the case in accordance with law.ratio¶43

Detailed headnote1 paragraphs

Criminal Petition No.14779 of 2025, filed under Section 482 Cr.P.C. (Section 528 BNSS) by accused Nos.1 and 2 in C.C.No.402/2018 (offences punishable under Sections 120(B), 177, 406, 408, 420 read with Section 34 of IPC), challenged the order dated 17.09.2025 of the II Additional Senior Civil Judge and CJM, Mangalore, canceling their bail bonds and surety bonds and issuing NBW after neither the petitioners nor their counsel were present when the matter was called. Holding that, as the petitioners had been granted bail on 31.07.2017 and their non-appearance was due to miscommunication and not intentional, an opportunity could be given to them to participate in trial subject to adherence to the undertaking of regular appearance, the High Court (Mohammad Nawaz, J.) allowed the petition, set aside the impugned order, and directed the petitioners to appear before the Trial Court on 07.11.2025; I.A.No.1/2025 was disposed of.

¶1

1 - NC: 2025:KHC:44193 CRL.P No. 14779 of 2025

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶7

CRIMINAL PETITION NO. 14779 OF 2025

¶8

BETWEEN:

¶9

MR. B. VIDHYANANDA RAO S/O. BANGARA RAO, AGED ABOUT 67 YEARS,

¶10

MRS. LALITHA VIDHYANANDA RAO @ LALITHA VIDHYANANDA, W/O VIDHYANANDA RAO, AGED ABOUT 63 YEARS,

¶11

BOTH ARE R/AT PADMAVATHI NILAYA, HOUSE NO. 2-133-6(4), PANCHA NADI GARMA, BONDEL POST, MANGALORE TALUK, KARNATAKA - 575 008

¶12

…PETITIONERS

¶13

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶14

(BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE (P/H))

¶15

AND:

¶16

THE STATE OF KARNATAKA THROUGH MANGALORE NORTH PS, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001

¶17

MR. JERRY CHALISSERY, AGED ABOUT MAJOR, SENIOR MANAGER, THE CATHOLIC SYRIAN BANK LIMITED, MANGALORE BRANCH, 1^ST FLOOR, VITHAL,

¶18

¶19

NC: 2025:KHC:44193 CRL.P No. 14779 of 2025

¶20

HC-KAR

¶21

DARSHAN, FALNIR ROAD, MANGALORE, MANGALORE CITY - 575 008.

¶22

…RESPONDENTS

¶23

(BY SRI. JAGADEESHA B.N., ADDITIONAL SPP FOR R1 (P/H))

¶24

THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 17.09.2025 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AT MANGALORE IN C.C.NO.402/2018, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 177, 406, 408, 420 READ WITH SECTION 34 OF IPC AND CONSEQUENTLY REINSTATE THE BAIL BONDS AND SURETIES OF THE PETITIONERS.

¶25

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

¶26

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶27

ORAL ORDER

¶28

Learned Additional SPP accepts notice for respondent

¶29

No.1 / State.

¶30

The order dated 17.09.2025 passed by the learned II Additional Senior Civil Judge and Chief Judicial Magistrate, at Mangalore, in C.C.No.402/2018, canceling the bail bonds and surety bonds of the petitioners / accused Nos.1 and 2 is assailed in this petition.

¶31

It could be seen from the impugned order that when the matter was called, neither the petitioners nor

¶32

3 - NC: 2025:KHC:44193 CRL.P No. 14779 of 2025

¶33

HC-KAR

¶34

their counsel were present. Hence, noticing that the matter pertains to 2018 and trial is yet to be commenced, the learned Magistrate proceeded to cancel the bail bonds and surety bonds of the petitioners and issued NBW against them.

¶35

It is submitted that petitioners were granted bail on 31.07.2017 and then they appeared before the Trial Court and as there was miscommunication, they could not appear before the Trial Court on the relevant day. The learned counsel submits that non-appearance was not intentional but for bonafide reason. He submits that henceforth, petitioners will regularly appear before the Trial Court, without fail.

¶36

Considering that the petitioners were earlier granted bail and in view of the above submission made by the learned counsel, an opportunity can be given to the petitioners to participate in trial, with a condition that they shall adhere to the undertaking now given. Accordingly, the following:-

¶37

¶38

NC: 2025:KHC:44193 CRL.P No. 14779 of 2025

¶39

HC-KAR

¶40

ORDER

¶41

i) Petition is allowed .

¶42

ii) The order dated 17.09.2025 passed by learned II Additional Senior Civil Judge and Chief Judicial Magistrate, at Mangalore, in C.C.No.402/2018, canceling the bail bonds and surety bonds of the petitioners / accused Nos.1 and 2 and issuing NBW against them is hereby set aside .

¶43

iii) Petitioners shall appear before the Trial Court on 07.11.2025. The learned Magistrate shall proceed with

¶44

the case in accordance with law.

¶45

I.A.No.1/2025 is disposed of.

¶46

Sd/(MOHAMMAD NAWAZ) JUDGE

¶47

LDC CT-SG

¶48

List No.: 1 Sl No.: 64

Mr. B Vidhyananda Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. B Vidhyananda Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amarnath Srikantachar Vs M/S Muthoot Finance Limited

Mr. Santhosh Dhami Vs State of Karnataka

Sri Vijay Kumar @ Vs the State of Karnataka

Mr Syed Nasir Ahmad Vs State of Karnataka

Shri Arun Kumar R Vs Central Bureau of Investigation

Smt P Parvathamma Vs the State of Karnataka