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High CourtsSingle Bench(2025) 03 KAR CK 0498

Maheshkumar C vs State Of Karnataka & Ors.

Karnataka High Court, Principal Bench · Decided on 12 March 2025

HON’BLE JUDGES
V Srishananda, J
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 3465 Of 2025

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Judgment

9 paragraphs · 322 words

Hemant Chandangoudar, J

1.

Accused No.1, who is facing the trial for the offence punishable under Section 364 of IPC, is before this Court seeking relief.

2.

The trial is of the year 2008. The learned Special Public Prosecutor was appointed to prosecute the case on behalf of the State. The petitioner - accused No.1 had remained absent on 4.3.2025, and his counsel filed an application for exemption citing ill-health. The Trial Court rejected the application on the submission made by the friend of the learned Special Public Prosecutor stating that accused No.1 had threatened the learned Special Public Prosecutor on phone that he would write to the Government to change the Prosecutor. On the submission made by the friend of learned State Public Prosecutor, the Trial Court rejected the application for exemption and issued non-bailable warrant.

3.

Heard Sri M S Shyamsundar, learned Senior Counsel representing the petitioner's counsel, and the learned High Court Government Pleader for the respondent.

4.

The application for exemption has been rejected solely on the submission made by the friend of learned Special Public Prosecutor, who had stated that accused No.1 threatened the learned Special Public Prosecutor on phone. Without verifying the genuineness of the allegation, the Trial Court has rejected the application, and the same is not legally sustainable.

5.

The petitioner had also filed an application for exemption citing ill-health. Without considering the said reason, the Trial Court passed the impugned order.

6.

Accordingly, the petition is allowed. The impugned order dated 11.3.2025 passed in SC No.1151/2008 by the learned LI Additional City Civil and Sessions Judge at Bengaluru, (CCH-52), insofar as it relates to rejecting the application for exemption, and issuing non-bailable warrant against the petitioner - accused No.1 is hereby set aside.

7.

The petitioner - accused No.1 to appear before the Trial Court on 17.3.2025, failing which, the Trial Court shall pass appropriate order in accordance with law.

Hand delivery ordered.