Madhu @ Madhava Vs State by H.A.L. Police — Karnataka HC (2025) — LawSathi Research

Madhu @ Madhava Vs State by H.A.L. Police — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; impugned proclamation order in SC.No.807/2024 and the subsequent non-bailable warrant quashed, subject to the petitioner appearing before the trial court on the next date of hearing, failing which the proclamation order stands automatically revived.

Issue for consideration

Whether the proclamation order dated 15.02.2025 issued under Section 82 CrPC and the consequential proceedings (including the non-bailable warrant) against the petitioner, Accused No.2, in CR.No.416/2010 (SC.No.807/2024) should be quashed.

Court's answer

The petitioner's undertaking to appear before the trial court on the next scheduled hearing date was recorded by this Court.

Ratio / Principle

In view of the recorded undertaking, the conditions necessitating the issuance of the proclamation under Section 82 CrPC no longer exist.

Key takeaways

The impugned proclamation order passed by the LXII Additional City Civil and Sessions Judge at Bengaluru in SC.No.807/2024 (stated in the operative order as dated 15.02.2023) and the subsequent non-bailable warrant issued pursuant thereto are quashed.ratio¶31
The quashing is conditional: the petitioner must appear before the trial court on the next date of hearing, failing which the impugned proclamation order stands automatically revived.ratio¶32

Detailed headnote1 paragraphs

Criminal petition under S.482 CrPC (parallel provision S.528 BNSS) filed by Madhu @ Madhava, Accused No.2 in CR.No.416/2010 (old SC.No.1374/2014; new SC.No.807/2024), pending before the LXII Additional City Civil and Sessions Judge, Bengaluru, for offences punishable under Ss.341, 323, 326, 332 and 504 r/w 34 IPC. The petitioner challenged the proclamation issued against him under S.82 CrPC (dated 15.02.2025 as per the prayer) and the consequential non-bailable warrant. The Court recorded the petitioner's undertaking to appear before the trial court on the next scheduled hearing date and held that, in view of this undertaking, the conditions necessitating the proclamation no longer existed. The petition was allowed: the proclamation order (dated 15.02.2023 as recited in the operative order) and the subsequent non-bailable warrant were quashed, subject to automatic revival of the proclamation if the petitioner failed to appear on the next hearing date.

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NC: 2025:KHC:9768 CRL.P No. 1609 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1609 OF 2025

BETWEEN:

MADHU @ MADHAVA, S/O GURURAJ, AGED ABOUT 32 YEARS, R/A. NO.338, C/O RAMASWAMY REDDY, BALAGARE, BANGALORE - 560 087,

…PETITIONER

(BY SRI. PRAKASHA K.V, ADVOCATE)

AND:

STATE BY H.A.L. POLICE, BANGALORE DISTRICT, REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BANGALORE - 560 001.

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

SRI. N.S. SARDAR PASHA, S/O A. SHAPHIULLA, AGED 42 MAJOR, R/A NO.5, NAGAVARA VILLAGE, MUSHKUR POST, MULABAGILU TALUK, KOLAR DISTRICT - 563 131.

…RESPONDENTS

(BY SRI. LAKSHMAN B, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED 15.02.2025 AND CONSEQUENTIAL PROCEEDINGS AGAINST THE

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NC: 2025:KHC:9768 CRL.P No. 1609 of 2025

PETITIONER IN CR.NO.416/2010 OLD SC.NO.1374/2014 NEW SC.NO.807/2024, FOR THE OFFENCES P/U/S 341, 323, 326, 332, 504 R/W 34 OF IPC, BY HAL POLICE, BANGALORE, PENDING ON THE FILE OF HONBLE COURT OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The learned High Court Government Pleader (HCGP) represents the respondent-State.

The petitioner, identified as Accused No.2, is currently on trial for offences punishable under Sections 341, 323, 326, 332, and 504 read with Section 34 of the Indian Penal Code (IPC). The petitioner challenges the trial court’s order issuing a proclamation under Section 82 of the Code of Criminal Procedure (CrPC).

The petitioner has provided an undertaking to appear before the trial court on the next scheduled hearing date, which is hereby recorded. Considering this undertaking, the conditions necessitating the issuance of the proclamation under Section 82 CrPC no longer exist.

ORDER

i. The petition is allowed .

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NC: 2025:KHC:9768 CRL.P No. 1609 of 2025

ii. The impugned order dated 15.02.2023 passed by the LXII Additional City Civil and Sessions Judge at Bengaluru, in SC.No.807/2024 and the subsequent non bailable warrant issued are hereby quashed.

iii. The petitioner shall appear before the trial Court on the next date of hearing and in the event, the petitioner fails to appear before the trial Court, the impugned order of proclamation shall stand automatically revived.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

TIN List No.: 1 Sl No.: 10 CT: BHK