Sri. Nikhil vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jul 01, 2025

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Citation: sooperkanoon.com/1735689
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Jul 01, 2025
Case Number: CRL.P/9047/2025

Parties & Advocates

Appellant / Petitioner

Sri. Nikhil

Respondent

State of Karnataka

Excerpt

.....09.07.2025 without fail and the impugned orders directing issuance of nbw and rejecting recalling application of the petitioner may be set aside and the petitioner may be reserved liberty to appear before the trial court and contest the proceedings in accordance with law.5. in view of the aforesaid facts and circumstances and thesubmissions made on behalf of the petitioner that he would appear before the trial court on 09.07.2025, without expressing any opinion of the merits of the demerits of the rival contentions, i deem it just and appropriate to set aside the nbw as well as the impugned orders and dispose of this petition by issuing certain directions in this regard.6. in the result, i pass the following:order(i) petition is hereby disposed of.(ii) the impugned order dated 25.06.2025 passed by the trial court is hereby set aside.(iii) the application filed by the petitioner to recall nbw ishereby allowed and consequently, the nbw issued against the petitioner is hereby recalled, subject to the petitioner paying costs -4- of rs.10,000/- to the kslsa, high court of karnataka, bangalore, on or before 09.07.2025.(iv) the petitioner shall appear before the trial court on 09.07.2025 without fail.(v) it is made clear that in the event the petitioner does notappear before the trial court on 09.07.2025, the present orderwould stand automatically recalled.(vi) petitioner further directed to appear before the trial court on all the dates of hearing except under unavoidable circumstances.(vii) the respondent - police and concerned jail authorities are directed to release the petitioner immediately without any further delay.(v) registry is directed to communicate this order to therespondent as well as the concerned jail authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. hand delivery of this order is permitted. sd/- (s.r.krishna kumar) judge srl.

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9047 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. NIKHIL, S/O LATE NAGARAJ, AGED ABOUT 30 YEARS, R/AT BADEKATTE, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK, BENGALURU - 560 038. …PETITIONER (BY SRI. SHIVA PRASAD S., ADVOCATE) AND: STATE OF KARNATAKA, BY KAGGALIPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, Digitally signed BENGALURU - 560 001. by CHANDANA …RESPONDENT BM Location: High (BY SRI. B. N. JAGADEESHA, ADDL. SPP) Court of Karnataka
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 24.06.2025 IN SC.NO.5/2018 ON THE FILE OF THE HON’BLE I ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU FOR REJECTING THE APPLICATION FILED U/S. 70(2) OF CR.PC. TO RECALL THE NBW ISSUED AGAINST HIM FOR THE ALLEGED OFFENCES P/U/S. 302, 504, 149, 307, 120-B OF IPC REGISTERED BY THE KAGGALIPURA POLICE IN CRIME NO.119/2017.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

-2- CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following relief: “Wherefore, the petitioner/accused No.1 in the above criminal petition humbly prays that, this Hon’ble Court may be pleased to quash the order dated 24.06.2025 in S.C.No.5/2018 on the file of the Hon’ble I Additional District and Sessions Judge, Bengaluru Rural District at Bengaluru for rejecting the application filed under Section 70(2) of Cr.P.C., to recall the NBW issued against him for the alleged offences punishable under Section 302, 504, 149, 307, 120-B of Indian Penal Code registered by the Kaggalipura Police in Crime No.119/2017 in the ends of justice.”

2. Heard learned counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that the

aforesaid proceedings in S.C.No.5/2018, in which, the petitioner is arrayed as accused No.1, the trial court passed an order issuing NBW as against the petitioner, who subsequently appeared and sought for recalling of the NBW, which was rejected by the trial court vide the impugned order dated 25.06.2025, which is assailed in the present petition.

4. Learned counsel for the petitioner submits that the

petitioner would appear before the trial court in the matter on the -3- next date of hearing which is posted on 09.07.2025 without fail and the impugned orders directing issuance of NBW and rejecting recalling application of the petitioner may be set aside and the petitioner may be reserved liberty to appear before the trial court and contest the proceedings in accordance with law.

5. In view of the aforesaid facts and circumstances and the

submissions made on behalf of the petitioner that he would appear before the trial court on 09.07.2025, without expressing any opinion of the merits of the demerits of the rival contentions, I deem it just and appropriate to set aside the NBW as well as the impugned orders and dispose of this petition by issuing certain directions in this regard.

6. In the result, I pass the following:

ORDER

(i) Petition is hereby disposed of.

(ii) The impugned order dated 25.06.2025 passed by the trial court is hereby set aside.

(iii) The application filed by the petitioner to recall NBW is

hereby allowed and consequently, the NBW issued against the petitioner is hereby recalled, subject to the petitioner paying costs -4- of Rs.10,000/- to the KSLSA, High Court of Karnataka, Bangalore, on or before 09.07.2025.

(iv) The petitioner shall appear before the trial court on 09.07.2025 without fail.

(v) It is made clear that in the event the petitioner does not

appear before the trial court on 09.07.2025, the present order

would stand automatically recalled.

(vi) Petitioner further directed to appear before the trial court on all the dates of hearing except under unavoidable circumstances.

(vii) The respondent - Police and concerned jail authorities are directed to release the petitioner immediately without any further delay.

(v) Registry is directed to communicate this order to the

respondent as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.

Same Court & Year Karnataka Orders · 2025 Same Parties Sri. Nikhil vs State of Karnataka Same Judge S.R.Krishna Kumar