Sri Rajanna B D Vs the State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO a) SET ASIDE THE ORDER DATED 11.03.2025 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, AT TUMAKURU, CANCELLING THE BAIL BOND OF THE PETITIONER IN SPL.C.NO.151/2022, VIDE ANNEXURE-A AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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The petitioner is seeking to set aside the order dated 11.03.2025 and 28.04.2025 passed by the learned III Additional District and Sessions Judge at Tumakuru, in Spl.C.No.151/2022.

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Petitioner is facing trial for the offence punishable under Section 447, 504, 506, 427 of IPC and Section 3(1)(r)(s) of the SC/ST (POA) Act.

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The learned Sessions Judge has issued NBW against the accused, as he failed to appear before the Court when the matter was listed to record his statement under Section 313 of Cr.P.C. The said NBW was recalled on imposing penalty of Rs.200/- on 05.03.2025. The case

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3 - NC: 2025:KHC:47065 CRL.P No. 15266 of 2025

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HC-KAR

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was advanced at the instance of the accused and taken up on 11.03.2025 and once again the accused not only remained absent, but also failed to pay the penalty. Hence, Show cause notice was issued to surety for recovery of the bond amount, on 11.03.2025. Further, on 28.04.2025, since NBW issued against the accused was returned un-executed, the Court issued proclamation and re-issued show cause notice to the surety for recovery of the bond amount.

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The above two orders are assailed in this petition on the ground that, without a speaking order, proclamation cannot be issued. It is also submitted that the case is pending since 2022 and the accused was appearing before the trial Court throughout, however, due to his ill-health, when the mater was set down for recording his 313 Cr.P.C., statement, he was absent. Subsequently, since the warrant and proclamation was issued, the petitioner has approached this Court.

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4 - NC: 2025:KHC:47065 CRL.P No. 15266 of 2025

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HC-KAR

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The medical document pertaining to the

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petitioner issued by one Tumakuru Speciality Hospital has been furnished. Though this Court is not convinced by the submission that due to the ill-health petitioner was unable to appear before the trial court, however, taking into consideration that the petitioner was appearing before the trial Court on earlier dates, as could be seen from the order sheet, an opportunity can be given to the petitioner to appear before the trial Court on the next date of hearing, for the purpose of recording his statement under Section 313 Cr.P.C. (351 BNSS). Hence, the following:-

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ORDER

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i) The order dated 11.03.2025 and 28.04.2025 passed by the III Additional District and Sessions Judge at Tumakuru, in Spl.C.No.151/2022 issuing NBW and proclamation against the petitioner / accused and notice to surety are hereby set aside .

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5 -

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NC: 2025:KHC:47065 CRL.P No. 15266 of 2025

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HC-KAR

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ii) Petitioner shall appear before the Trial Court on

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next date of hearing i.e., on 15.11.2025 and shall appear on the day fixed by the trial Court for recording his 313 Statement and on subsequent dates.

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iii) Petition is disposed of .

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

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC

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List No.: 1 Sl No.: 55

Sri Rajanna B D v. the State of Karnataka

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Sri Rajanna B D v. the State of Karnataka

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