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Karnataka High Court

Mr. Penumala Balakrishna vs State Of Karnataka on 23 February, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                             -1-
                                                            NC: 2026:KHC:11143
                                                       CRL.P No. 16558 of 2025


                   HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 23RD DAY OF FEBRUARY, 2026

                                           BEFORE
                          THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 16558 OF 2025


                   BETWEEN:

                      MR. PENUMALA BALAKRISHNA
                      S/O RAMARAO,
                      AGED ABOUT 39 YEARS,
                      R/AT UPPA VILLAGE, SANTARI POST,
                      HUKUMPET MANDAL,
                      VISHAKHAPATNAM DISTRICT,
                      ANDHRA PRADESH - 531 077.
                      NAME, AGED AND FATHER MENTIONED
                      IN AS PER AADHAR CARD.
                                                                 ...PETITIONER
Digitally signed
by                 (BY SRI. LEELARAJU M.N, ADVOCATE)
SANJEEVINI J
KARISHETTY
Location: High
Court of
Karnataka          AND:

                      STATE OF KARNATAKA
                      SUDDAGUNTEPALYA POLICE STATION,
                      MICO LAYOUT SUB DIVISION,
                      BANGALORE CITY,
                      REPRESENTED BY
                      STATE PUBLIC PROSECUTOR,
                                  -2-
                                                  NC: 2026:KHC:11143
                                          CRL.P No. 16558 of 2025


 HC-KAR



    HIGH COURT OF KARNATAKA,
    BANGALORE - 560 001.
                                                      ...RESPONDENT
(BY SRI. B.N. JAGADEESH, ADDL. SPP)



     THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF
CR.P.C PRAYING TO A. SET ASIDE THE ORDER DATED
27.06.2025 PASSED IN SPL.C.C.NO.2087/2023 ON THE FILE OF
THE COURT OF THE XXXIII ADDL CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU
CITY IN SO FAR AS IT CANCELS THE PETITIONERs BAIL BOND
AND SURETY BOND.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA


                             ORAL ORDER

The petitioner is before this Court calling in question an order of the concerned Court dated 27.06.2025, which issues a proclamation under Section 80 of the Cr.P.C. against the petitioner.

2. Heard Sri. Leelaraju M.N., learned counsel appearing for the petitioner and Sri. B.N. Jagadeesh, learned Additional Special Public Prosecutor appearing for respondent. -3-

NC: 2026:KHC:11143 CRL.P No. 16558 of 2025 HC-KAR

3. The learned counsel appearing for the petitioner submits that the petitioner resides in a tribal area of Andhra Pradesh and has not been served with any notice. He is not aware of the trial that is on against him, notwithstanding the fact that he is accused No.1. The learned counsel further submits that on the next date, the petitioner would appear before the concerned Court.

4. In that light, the concerned Court not following the procedure as stipulated in law for issuance of proclamation, the order of proclamation stands set aside. The petitioner shall appear before the concerned Court on 18.03.2026 -the next date of listing and shall furnish a fresh bond before the concerned Court. In the event, the petitioner would not appear on the said date, a proclamation would get revived.

5. With the aforesaid observation, the petition stands disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 18