Bhanuprakasha vs State By Hal Police on 31 December, 2024

Karnataka High Court

Bhanuprakasha vs State By Hal Police on 31 December, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                    -1-
                                                               NC: 2024:KHC:53328
                                                          CRL.P No. 14431 of 2024




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 31ST DAY OF DECEMBER, 2024

                                                BEFORE
                           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                   CRIMINAL PETITION NO. 14431 OF 2024
                      BETWEEN:

                           BHANUPRAKASHA,
                           S/O RAJAPPA,
                           AGED ABOUT 31 YEARS,
                           NO.387, DODDAMMA TEMPLE ROAD,
                           BELLANDURU,
                           BANGALORE 560 103.
                                                                     ...PETITIONER
                      (BY SRI. PRAKASHA K.V., ADVOCATE)

                      AND:

                      1.   STATE BY H.A.L. POLICE
                           -BANGALROE DISTRICT,
                           REP. BY S.P.P.,
                           HIGH COURT-COMPLEX,
Digitally signed by        BANGALORE - 560 001.
R HEMALATHA
Location: HIGH        2.   SRI. N.S. SARDAR PASHA,
COURT OF                   S/O. A. SHAPHIULLA,
KARNATAKA
                           AGED ABOUT 42 YEARS,
                           R/O NO.5, NAGAVARA VILLAGE,
                           MUSHKUR POST,
                           MULABAGILU TALUK,
                           KOLAR DISTRICT
                                                                  ...RESPONDENTS
                      (BY SMT. WAHEEDA M.M., HCGP FOR R1)

                            THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
                      BNSS) PRAYING TO QUASH THE PROCLAMATION ORDER DATED
                      15.02.2023 ISSUED AGAINST THIS PETITIONER IN CR.NO.416/2010
                                     -2-
                                                     NC: 2024:KHC:53328
                                             CRL.P No. 14431 of 2024




AT ANNEXURE-C FOR THE OFFENCE P/U/S 341, 323, 326, 332 AND
504 R/W 34 OF IPC, BY HAL POLICE, BANGALORE PENDING ON
THE FILE OF HONBLE COURT OF THE LXII ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU AS SUCH TERMS AS THIS
HONBLE COURT DEEMS FIT TO IMPOSE.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:          HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                              ORAL ORDER

The petitioner, who is facing trial for the offences punishable

under Section 341, 323, 326, 332 and 504 r/w Section 34 IPC, is

before this Court, challenging the order passed by the trial Court,

wherein proclamation is issued under Section 82 of Cr.PC.

2. The petitioner undertakes to appear before the trial

Court on the next date of hearing. The undertaking is placed on

record. The petitioner having undertaken to appear before the trial

court on the next date of hearing, the impugned order passed by

the trial Court is not sustainable.

3. Accordingly, I pass the following:

ORDER
i. The petition is allowed.
ii. The impugned order dated 15.02.2023 passed
by the LXII Additional City Civil and Sessions
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NC: 2024:KHC:53328
CRL.P No. 14431 of 2024

Judge at Bengaluru (CCH-63), in
SC.No.1374/2014 is 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

BKN
List No.: 1 Sl No.: 57