Sri Kysar Khan @ Appu @ Khaiser Khan Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sri Kysar Khan @ Appu @ Khaiser Khan Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order issuing NBW and proclamation (Sections 82 and 83 Cr.P.C.) against the petitioner/accused No.1 in CC No.53885/2017 set aside; petitioner directed to appear before the trial Court on or before 19.12.2025, furnish fresh surety and be released on bail subject to necessary conditions, and to appear on every date of hearing; petition and pending I.A. disposed of.

Issue for consideration

Whether the order dated 25.06.2025 passed in CC No.53885/2017 by the XI Additional Chief Metropolitan Magistrate, Bengaluru (an order for compliance of Sections 82 and 83 Cr.P.C. against the petitioner/accused No.1) should be quashed/set aside.

Court's answer

Considering the facts and circumstances, and the petitioner's counsel's submission that he would appear and cooperate with the trial and that his absence was neither intentional nor deliberate, an opportunity is given to the petitioner to appear before the trial Court by fixing a date.

Ratio / Principle

The impugned order passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru, issuing NBW and proclamation against the petitioner/accused No.1 in CC No.53885/2017, is set aside.

Key takeaways

The petitioner is directed to appear before the trial Court on or before 19.12.2025, furnish fresh surety to the satisfaction of the learned Magistrate, and upon imposition of necessary conditions he shall be released on bail.ratio¶39
The petitioner shall appear before the trial Court on every date of hearing without fail.ratio¶45

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (alternatively S.528 BNSS) by accused No.1 in CC No.53885/2017 (arising out of Crime No.232/2016, D.J. Halli P.S.; offences punishable under Sections 323, 324, 504 r/w 34 IPC) challenging the order dated 25.06.2025 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru, for compliance of Sections 82 and 83 Cr.P.C., issued after an NBW against him remained unexecuted owing to his non-appearance. Holding that an opportunity ought to be given, the High Court set aside the NBW/proclamation order, directed the petitioner to appear before the trial Court on or before 19.12.2025, furnish fresh surety and be released on bail subject to necessary conditions, and to attend every date of hearing; the petition and pending I.A. were disposed of.

NC: 2025:KHC:52985 CRL.P No. 16886 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 16886 OF 2025

BETWEEN:

SRI. KYSAR KHAN @ APPU @ KHAISER KHAN S/O NASIR KHAN, AGED ABOUT 27 YEARS, R/O #79, 6^TH CROSS, AMAR LAYOUT D.J. HALLI, BANGALORE-560 045.

…PETITIONER

(BY SMT. SAFRINA BEGUM, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.

SRI. SHARIFULLA QURESHI S/O BARKATHULLA, AGED ABOUT 28 YEARS, R/O NO.42, 2^ND CROSS, RAJU COLONY, NAGAWARA MAIN ROAD, A.C. POST, BANGALORE-560 045.

…RESPONDENTS

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

NC: 2025:KHC:52985 CRL.P No. 16886 of 2025

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HC-KAR

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 25.06.2025 IN C.C.NO.53885/2017 ARISING OUT OF CR.NO.232/2016 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 504 R/W 34 OF INDIAN PENAL CODE PERTAINING TO D.J.HALLI P.S. PENDING ON THE FILE OF COURT OF XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU WHEREBY AN ORDER WAS ISSUED FOR COMPLIANCE OF SECTION 82 AND 83 OF CR.PC.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Learned High Court Government Pleader accepts

notice for respondent No.1/ State.

The prayer in the petition is to set aside the

order dated 25.6.2025 passed in CC No.53885/2017 by the XI Additional Chief Metropolitan Magistrate, Bengaluru, wherein the Court has passed an order for compliance of Section 82 and 83 of Cr.P.C.

It appears that on account of non-appearance

of the petitioner before the trial Court, NBW was issued

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NC: 2025:KHC:52985 CRL.P No. 16886 of 2025

HC-KAR

and due to non-execution of the NBW, impugned order was passed.

Petitioner’s counsel submits that if an

opportunity is given to the petitioner, he will appear before the trial Court and co-operate with the trial of the case. She submits that the petitioner was not informed about the dates of proceedings and his absence is neither intentional nor deliberate.

Considering the facts and circumstances, an opportunity can be given to the petitioner to appear before the trial Court by fixing a date.

The impugned order passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru, issuing NBW and proclamation against the petitioner / accused No.1 in CC No.53885/2017 is hereby set aside.

The petitioner is directed to appear before the trial Court on or before 19.12.2025 and shall furnish fresh surety to the satisfaction of the learned Magistrate and in

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NC: 2025:KHC:52985 CRL.P No. 16886 of 2025

HC-KAR

that event by imposing necessary conditions, he shall be

released on bail.

Petitioner shall appear before the trial Court on

every date of hearing without fail.

Petition is disposed of.

Pending I.A. is disposed of.

Sd/(MOHAMMAD NAWAZ) JUDGE

TL

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