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2025 Supreme(Online)(KAR) 10429

HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
K SRINIVASAM S/O K THMARAYAPPA – Appellant
Versus
SHEKARE GOWDA H K C/O KODIGOWD – Respondent


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 appli

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