K SRINIVASAM S/O K THMARAYAPPA vs SHEKARE GOWDA H K C/O KODIGOWD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(KAR) 10429

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101442 OF 2025 BETWEEN:
K. SRINIVASAN S/O. K. THIMARAYAPPA, AGE: 64 YEARS, MAMTHA FARM, GADIGE MAIN ROAD, BOGADI MYSURU – 570026, OFFICE NO.206/2A, 6u CROSS, NAVANGARAPLYA CV RAMAN NAGAR, BANGALORE – 560 093.
…PETITIONER (BY SRI. SUBRAMANI M., ADVOCATE)
AND:
SHEKARE GOWDA H. K. C/O: KODIGOWD, AGE: 61 YEARS, OCC: RETIRED, GOVERNMENT HEAD MASTER, R/O: 396, 5^TH MAIN, 12^TH CROSS, NEAR BANK COLONY, BAGOD, MYSURU – 570 026.
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High ALSO RESIDING AT C/O: K. B. MALLAD, Court of Karnataka , D Dh ha ar rw wa ad d Bench, # G 102 RUKMINI SPLENDOR APARTMENT, NEAR VENKATESHWAR TEMPLE, SARASWATPUR, DHARWAD – 580 002.
…RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ORDER DATED 14.03.2025 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT DHARWAD IN (P.C.R.NO.829/2021) C.C.NO. 3171/2024 WHCH WAS FILED BY THE PRESENT PETITIONER/ACCUSED NO.2 SEEKING PERMISION TO APPEAR THROUGH VIDEO CONFERENCE IN PENDING PROCEEDINGS AND TO PERMIT THE PETITIONER/ACCUSED NO.2 TO PARTICIPATE IN THE PENDING PROCEEDINGS BEFORE THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.
AT DHARWAD IN (P.C.R.NO. 829/2024) C.C.NO.3171/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. THROUGH CONFERENCING IN ACCORDANCE WITH LAW. GRANT SUCH ANY OTHER RELIEFS AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

Petitioner Advocates:M SUBRAMANI ,Respondent Advocate:

ORAL ORDER

Heard learned counsel for petitioner. The petitioner is arrayed as accused No.2 in C.C.No.3171/2024 registered for offence punishable under Section 138 of N.I. Act. The petitioner made an application under Section 228 of BNSS 2023, seeking exemption for his personal appearance and permit him to appear through his counsel. The said application came to be allowed by the trial Court by order dated 07.03.2025 by the following conditions:

i. Accused No.2 shall appear in person on the next date of hearing and obtained bail in accordance with law.

ii. Learned counsel for accused No.1 and 2 shall appear on all dates of hearing and proceed with the matter without seeking any unnecessary adjournment.

iii. The accused shall not dispute his identity during course of trial.

iv. The accused No.2 shall appear in person for recording of plea and statement U/sec.351 of BNSS.

v. If the above conditions are violated, then the accused No.2 is not entitled to get benefit of this order.

2. For compliance of the said condition No.1, the petitioner came to be directed to appear on 14.03.2025. On 14.03.2025, the counsel for the petitioner has filed application under Section 478 of BNSS along with application under Section 490 of BNSS and another application praying to appear through video conference. The said application praying to appear through video conference came to be rejected by order dated 14.03.2025 and NBW has been issued against the petitioner/accused No.2 stating that he has violated the conditions imposed in order dated 07.03.2025. The said order has been challenged by the petitioner in the present petition.

3. Learned counsel for petitioner submits that petitioner/accused No.2 is ready to appear before the trial Court and comply condition No.1 imposed in the order dated 07.03.2025. The counsel for petitioner submits that there is apprehension for the petitioner that if he appears before the trial Court, he will be taken into custody. The said apprehension is not called for, as offence alleged against him is bailable one.

4. Under these circumstances, learned Magistrate is directed to consider the bail application of the petitioner and pass orders on the same day on which the petitioner appears before the trial Court. The petitioner is directed to appear before the trial Court on 02.04.2025. The petitioner is also permitted to make an application for seeking recall of NBW issued against him and the learned Magistrate is directed to pass orders on the said application on the same day on which petitioner appears i.e., on 02.04.2025. Till then, the execution of NBW is stayed. The petition is disposed off in the above terms.

5. In view of the above disposal, I.A.No.1/2025 stands disposed off.

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