Karnataka High Court

CRL.P/14431/2024 of BHANUPRAKASHA Vs STATE BY HAL POLICE on 31 December 2024

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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

Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31[ST] 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, BANGALORE - 560 001. -BANGALROE DISTRICT, REP. BY S.P.P., HIGH COURT-COMPLEX, BANGALORE - 560 001.

2. SRI. N.S. SARDAR PASHA, S/O. A. SHAPHIULLA, AGED ABOUT 42 YEARS, R/O NO.5, NAGAVARA VILLAGE, MUSHKUR POST, MULABAGILU TALUK, KOLAR DISTRICT S/O. A. SHAPHIULLA, 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

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

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ORAL ORDER

The petitioner, who is facing trial for the offences punishable under Section 341, 323, 326, 332and 504 r/wSection 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 theLXIIAdditional City Civil and Sessions 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

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