IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100383 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

SMT. CHRISTINA W/O. SUNIL @ GOTTEMUKKALA, AGE. 36 YEARS, OCC. HOUSEWIFE, R/O. BRINDAVAN COLONY, GADAGARTOD, HUBBALLI-580020.

…PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA KESHWAPUR POLICE STATION, DHARWAD DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD.

2. LYDIA JESSIE W/O. NAVEEN MELAM AGE. 38 YEARS, OCC. HOUSEWIFE, R/AT. H.NO.47, CHALUKYA NAGAR, GADAG ROAD, HUBBALLI, Digitally signed by B K MAHENDRAKUMAR DHARWAD-580020.

B K Location: HIGH MAHENDRAKUMAR C KA O R U N R A T T O A F KA …RESPONDENTS DHARWAD BENCH Date: 2025.02.01

13:32:25 +0530 (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C.

(U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE PROCLAMATION DATED 25.10.2024 AGAINST THE ACCUSED NO.1/PETITIONER IN KESHWAPUR PS CRIME NO.120/2021 PENDING BEFORE THE JMFC-II, AT HUBBALLI IN C.C.NO. 3577/2024 FOR THE OFFENCE /U/SEC. 170, 171, 465, 468, 471, 419, 420 R/W 34 OF IPC, 1860.

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

CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

Learned Additional Advocate accepts notice on behalf of respondent No.1-State.

2. The petitioner has been charge-sheeted for offences punishable under Sections 170, 171, 465, 468, 471, 419, and 420 read with Section 34 of the Indian Penal Code (for short, ‘IPC’).

3. The petitioner was granted bail subject to certain terms and conditions, one of which required him to appear before the trial Court. However, the petitioner failed to appear, prompting the trial Court to split up the trial against him (accused No.1). Notably, the trial Court, instead of issuing a non-bailable warrant, issued a proclamation notice. The petitioner undertakes to appear before the trial Court as and when summoned.

4. The submission is placed on record.

5. In light of the circumstances, the impugned order warrants quashing. Accordingly, I pass the following:

ORDER

i) The petition is allowed ii) The order dated 25.10.2024 passed by the JMFC II, Hubballi in C.C.No.3577/2024, insofar as it relates to issuing proclamation notice, is hereby quashed.

iii) Petitioner to appear before the trial Court on the next date of hearing in C.C.No.3577/2024.

iv) The petitioner is at liberty to file an application for enlarging him on bail. If such an application is filed, the trial Court to consider the same positively.

v) It is made clear that in the event, the petitioner fails to appear before the trial Court as and when summoned, the trial Court to pass an appropriate order in accordance with law.

Sd/-

(HEMANT CHANDANGOUDAR)

JUDGE AC Ct:vh List No.: 2 Sl No.: 4