Karnataka High Court
Vasanth vs The State Of Karnataka on 6 April, 2023
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 2824 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 2824 OF 2023
BETWEEN:
1. VASANTH
S/O MANOHAR
AGED ABOUT 22 YEARS
R/AT NO.209
3RD CROSS, 1ST STAGE
PILLANNA GARDEN
K G HALLI
BENGALURU -560045
2. VIJAY
S/O KUMARESH
AGED ABOUT 21 YEARS
Digitally signed by
DHARMALINGAM R/AT NO 189
Location: HIGH 10TH CROSS, 8TH MAIN
COURT OF
KARNATAKA NEW BAGALURU LAYOUT
LINGARAJPURAM
BENGALURU -560084
3. PRASHANATH
S/O JOSEPH GALAVI
AGED ABOUT 24 YEARS
R/AT NO 208
11TH MAIN
NEAR SHANTHINAGAR HOTEL
LINGARAJAPURAM
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CRL.P No. 2824 of 2023
BANASASWADI
BENGALURU -560084
4. AJAY S
S/O SHIVA
AGED 20 YEARS
R/AT NO 80/1
6TH CROSS
SAMPANGI RAMAIAH BLOCK
SHAMPUR MAIN ROAD
D J HALLI
BENGALURU-560045.
...PETITIONERS
(BY SRI. KULKARNI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HALASURU POLICE STATION
BANGALORE-560008
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560001.
2. MR. BASAVARAJ KONNURE
(FATHER'S NAME NOT KNOWN
TO THE PETITIONERS)
AGED ABOUT 30 YEARS
POLICE SUB INSPECTOR
HALASURU POLICE STATION
BENGALURU 560008
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560001.
...RESPONDENTS
(BY SRI. B.J. ROHITH., HCGP)
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CRL.P No. 2824 of 2023
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH AND SET ASIDE THE ORDER
DATED 18.01.2023 PASSED BY THE LEARNED XXVIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-29) IN
SESSIONS CASE NO.427/2021 IN FORFEITING BAIL BONDS OF THE
PETITIONERS, ISSUING PROCLAMATION AND ATTACHMENT AGAINST
THE PETITIONERS/ACCUSED NO.1, 2, 4 AND 5.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused No.1, 2, 4 and 5 under Section 482 of Cr.P.C. for quashing the order dated 18.01.2023 passed by the learned XXVIII Additional City Civil and Sessions Judge, Bengaluru, in Sessions Case No.427/2021, regarding cancellation and forfeiture of the bail bonds of the petitioners, issuance of proclamation and attachment warrant against the petitioners and also issuance of FLW to surety.
2. Heard the learned Counsel for the petitioner and learned HCGP for the respondent-State.
3. The case of the petitioners is that the petitioners are accused who have been chargesheeted in the above case. Thereafter, the case was committed to the Court of -4- CRL.P No. 2824 of 2023 Sessions and on 11.06.2021 the Sessions Court, in turn has issued the Summons to the accused/petitioners to be appeared on 31.08.2021. In the meantime, some of the RC owner of the vehicle has filed an application under Section 451 read with Section 457 of Cr.P.C., seeking release of vehicle to his interim custody by advancing the case on 01.07.2021. The trial Court went on passing the orders on the application for releasing of the vehicle by its order dated 29.07.2021. Thereafter, the trial Court not at all taken up the matter on 31.08.2021, which was the date fixed for appearance of the accused and notice also not served on the petitioners. Subsequently, the trial Court has issued NBWs noting that the accused/petitioners were absent and their bail bonds were forfeited. Thereafter, ordered for issuance of proclamation against the accused persons and FLW to surety on 18.01.2023, which is under challenge.
4. After hearing the arguments of the learned Counsel for the petitioner and learned HCGP and on -5- CRL.P No. 2824 of 2023 perusing the materials on record, especially the order sheet filed by the petitioners Counsel, which clearly reveals that summons have been issued to the accused/ petitioners, who are on bail on 11.06.2021 to be appeared on 31.08.2021. The order sheet reveals that on 31.08.2021 there was no hearing before the trial court, but it was called on 13.08.2021 for passing of the orders on the application filed under Section 451 read with Section 457 of Cr.P.C. On that day while passing the order, the trial Court has noted that the accused were absent and thereafter NBWs were issued and their bail bonds were forfeited and issued FLW to surety. Absolutely, there is no date of hearing on 31.08.2021 and subsequent issue reveals that the summons issued to the petitioners to show that it was served on the petitioners and remained absent. Therefore, without giving an opportunity to the petitioners to appear before the court by issuing summons, the order of cancellation and forfeiture of the bail bonds of the petitioners and issuance -6- CRL.P No. 2824 of 2023 of the proclamation and FLW is not correct. Therefore, the order which is under challenge is liable to be set aside.
5. Accordingly, I proceed to pass the following:
ORDER The Criminal Petition is allowed.
The order dated 18.01.2023 passed by the learned XXVIII Additional City Civil and Sessions Judge, Bengaluru in Sessions Case No.427/2021 regarding cancellation and forfeiture of bail bonds of the petitioners, issuance of proclamation and attachment warrant against the petitioners and also issuance of FLW to surety, is hereby quashed and set aside.
The petitioners/accused No.1, 2, 4 and 5 are hereby directed to appear before the trial court on 05.06.2023 without further awaiting any notice from the trial court.
Sd/-
JUDGE DL