Srinivas @ Seena @ Canter @ Chappa v. State of Karnataka

Karnataka HC18 Dec 2025CRL.P/16297/2025

Case brief

AI extract

What is this about?

Bail bond forfeiture and cancellation of bail set aside; NBW recalled for single-day absence found unintentional; accused on bail in S.C.No.578/2016 (Sections 364A, 342 r/w 34 IPC); CRL.P No. 16297 of 2025 under S. 482 Cr.P.C. / S. 528 BNSS; LXVI Addl. City Civil and Sessions Judge, Bengaluru order dated 10.10.2025 quashed; High Court of Karnataka; Justice Mohammad Nawaz; appearance directed on 30.12.2025.

What did the court decide?

Petition allowed: impugned order dated 10.10.2025 in S.C.No.578/2016 (forfeiture of bail bond and surety bond, cancellation of bail) set aside; NBW recalled; petitioner directed to appear before the Trial Court on 30.12.2025 and regularly without fail; IA No.1/2025 disposed of. ¶¶39

Srinivas @ Seena @ Canter @ Chappa Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 10.10.2025 in S.C.No.578/2016 forfeiting the petitioner's bail bond and surety bond, cancelling his bail and issuing NBW should be quashed, given that his non-appearance was contended to be unintentional and for bona fide reasons.

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Court's answer

The Court found that the petitioner was present on the previous date of hearing (9.10.2025) and, having been convinced that his absence on the following day (10.10.2025) was not intentional, held that an opportunity can be given to him to appear before the trial Court.

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Ratio / Principle

The impugned order dated 10.10.2025 passed in S.C.No.578/2016 by the LXVI Additional City Civil and Sessions Judge, Bengaluru, forfeiting the bail bond and surety bond and cancelling the bail of the petitioner, is set aside.

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Key takeaways

The NBW issued against the petitioner is recalled, and the petitioner is directed to appear before the Trial Court on 30.12.2025 and shall appear regularly without fail.ratio¶¶46

Detailed headnote1 paragraphs

Criminal petition under S. 482 Cr.P.C. (S. 528 BNSS) filed by an accused facing trial in S.C.No.578/2016 for offences punishable under Sections 364A and 342 r/w 34 of IPC, challenging the order dated 10.10.2025 of the LXVI Addl. City Civil and Sessions Judge, Bengaluru, which forfeited his bail bond and surety bond, cancelled his bail and issued NBW after he remained absent on 10.10.2025. Holding that the petitioner was present on the immediately preceding date (9.10.2025) and that his one-day absence was not intentional, the High Court set aside the impugned order, recalled the NBW and permitted the petitioner to appear before the trial Court, directing him to attend on 30.12.2025 and regularly thereafter.

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NC: 2025:KHC:54325 CRL.P No. 16297 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 16297 OF 2025

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BETWEEN:

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SRINIVAS @ SEENA @ CANTER @ CHAPPA S/O GOVINDAPPA, AGED ABOUT 36 YEARS, R/AT, NO. 12, 2ND MAIN, MADHURANAGARA, MUDALAPALYA, OPPOSITE PETROL BUNK, VIJAYANAGARA, BENGALURU - 560 040.

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…PETITIONER

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(BY SRI. RAVIKUMAR G. H.,ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA, YESHWANTHAPURA P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560001.

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SUKADEV M. SOLANKI, S/O MAHESHKUMAR AGED ABOUT 40 YEARS R/AT, NO.57, 1ST FLOOR, 1ST D CROSS 3RD STAGE, 4TH BLOCK, SATHYNARAYANA LAYOUT, BASAVESWARANAGARA, BENGALURU - 560079.

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…RESPONDENTS

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(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1)

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NC: 2025:KHC:54325 CRL.P No. 16297 of 2025

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HC-KAR

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THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THE MEMORANDUM OF CRL.P BY QUASHING THE IMPUGNED ORDER DTD. 10.10.2025 IN SC.NO.578/2016 PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SO FAR AS PETITIONER IS CONCERNED 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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Learned HCGP accepts notice for the State.

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Petitioner being aggrieved by the order dated 10.10.2025 passed by the learned LXVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.578/2016 has preferred this petition seeking to quash the impugned order.

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Petitioner along with other accused persons, is facing trial for the offence punishable under Section 364A and 342 r/w 34 of IPC.

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The material on record reveals the petitioner was enlarged on bail. During trial, as he was absent and there was no representation, the learned Sessions Judge vide impugned

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NC: 2025:KHC:54325 CRL.P No. 16297 of 2025

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HC-KAR

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order forfeited the bail bond and surety bond, cancelled the bail and issued NBW to the petitioner

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Learned counsel for the petitioner would submit

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that the petitioner was appearing before the Trial Court regularly. On 9.10.2025 he was present and since the witnesses were absent, the trial was adjourned to 10.10.2025. On the said date, the petitioner could not be present, hence, the impugned order was passed. He submitted that nonappearance of the petitioner was not intentional, but for bona fide reasons and since the bail bond was cancelled and warrant was issued, the petitioner has preferred this petition.

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As this Court finds that the petitioner was present on the previous date of hearing i.e. on 9.10.2025 and having convinced that the absence of the petitioner on the next date i.e., on the following day was not intentional, an opportunity

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can be given to him to appear before the trial Court.

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Hence, the following

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ORDER

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(i) Petition is allowed .

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NC: 2025:KHC:54325 CRL.P No. 16297 of 2025

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HC-KAR

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(ii) The order dated 10.10.2025 passed in S.C.No.578/2016 by the LXVI Additional City Civil and Sessions Judge, Bengaluru, forfeiting the bail bond and surety bond and canceling the bail of the petitioner, is hereby set aside.

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(iii) NBW issued against the petitioner is recalled.

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(iv) Petitioner is directed to appear before the Trial Court

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on 30.12.2025 and shall appear regularly without fail.

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(v) IA No.1/2025 is disposed of .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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AP List No.: 1 Sl No.: 27

Srinivas @ Seena @ Canter @ Chappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Srinivas @ Seena @ Canter @ Chappa v. State of Karnataka

Case brief

What is this about?

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What the court decided

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