Karnataka High Court
Prasad M R S/O Govindrao vs The State Of Karnataka on 14 July, 2025
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 104427 OF 2025 (GM-RES)
BETWEEN:
1. PRASAD M. R.
S/O. GOVINDRAO,
AGED ABOUT 75 YEARS,
R/O. KANAIAH RESIDENCY 30,
4TH MAIN, KHB COLONY, 1ST STAGE,
BASAVESHWAR NAGAR,
DIST. BENGALURU 560079.
2. K. SRINIVAS REDDY,
S/O K. KRISHNAREDDY,
AGED ABOUT 55 YEARS,
R/O. MULLUMOTHUKAPALLI, PARIGI,
Digitally signed HINDUPUR SEVAMANDIR,
by RAKESH S
HARIHAR ANDHRA PRADESH 515212.
Location: High
Court of
Karnataka, 3. KRISHNA S/O. GANAPATI VALVEKAR,
Dharwad
Bench AGED ABOUT 55 YEARS,
R/O. GKW NIWAS, MAYUR ROAD,
PATTEMELLA, CALICUT,
KERALA STATE-673001.
4. MOTILAL S/O. BALAKRISHNA KATHARE,
AGED ABOUT 75 YEARS,
R/O. FLAT NO.202, GOLD CAST TOWER,
SOMESHWAR WADI, PUNE,
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MAHARASHTRA 411018.
5. CHANNABASAPPA R.H.
S/O. R.P. HONNAPPA,
AGED ABOUT 87 YEARS,
R/O. NO. 119, 4TH A CROSS,
19TH MAIN, 1ST N BLOCK,
RAJAJINAGAR, BANGALORE-560010.
...PETITIONERS
(BY SHRI ROHAN KOTHARI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY THE LD.
HIGH COURT GOVT. PLEADER
HIGH COURT OF KARNATAKA, DHARWAD
THROUGH HUBBALLI TOWN POLICE STATION,
KARNATAKA-580011.
...RESPONDENT
(BY SHRI JAIRAM SIDDI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF THE CR.P.C, 1973, PRAYING TO QUASH THE
ORDER(S) DATED 12.05.2025 PASSED BY THE LD. JMFC-1
COURT, HUBBALI IN C.C. NO. 3430/2023 (ANNEXURE-A)
INSOFAR AS PETITIONERS ARE CONCERNED AND ALLOW THE
PETITIONERS APPLICATIONS UNDER SECTION 205 CRPC
DATED 28.02.2024 (ANNEXURE-B), SEEKING PERMANENT
EXEMPTION FROM PERSONAL APPEARANCE BEFORE THE LD.
JMFC-I COURT, HUBBALI IN C.C. NO. 3430/2023 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri Rohan Kothari, learned counsel for petitioners
and Sri Jairam Siddi, learned High Court Government Pleader
for respondent - State.
2. This writ petition is filed under Article 226 and
227 of the Constitution of India read with Section 482 of the
Code of Criminal Procedure, 1973 ("Cr.P.C." for short) by
accused Nos.1, 3, 5, 7 and 13 in C.C.No.3430/2023 pending
on the file of learned JMFC- I Court, Hubballi seeking to
quash the order dated 12.05.2025 passed by the Trial Court
by rejecting an application filed under Section 205 of Cr.P.C.
3. Perused the impugned order and heard the rival
submissions made by the learned counsel for both the
parties.
4. The petitioners had filed an application under
Section 205 of Cr.P.C. before the Trial Court seeking
exemption from their appearance on every date of hearing.
The Trial Court rejected said application. While rejecting the
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application filed by the petitioners, the Trial Court has not
assigned any valid reasons. Petitioners - accused Nos.1, 3,
5, 7 and 13 have sought for permanent exemption on the
ground that, petitioner No.1 - accused No.1 is aged about 75
years, resident of Bengaluru and he is a senior citizen who
has undergone stent implantation surgery and has a history
of cardiac illness. He has been advised against physical
exertion; insofar as petitioner No.2 - accused No.3 is
concerned, he is resident of Hindupur, Andhra Pradesh State,
his residence is 600 Kms., away from the Hubballi Court;
petitioner No.3 - accused No.5 resident of Calicut, Kerala
suffers from long term pulmonary complications, due to
COVID, and is a permanent resident of Calicut, Kerala which
is 800 Kms., away from Hubbali Court; insofar as petitioner
No.4 - accused No.7 is concerned, he is aged about 75 years,
resident of Pune, Maharashtra, who is suffering from long
term medical ailments, for which he is under regular medical
supervision, including prostate complications, and high blood
pressure and petitioner No.5 - accused No.13 is concerned,
he is aged about 87 years, resident of Bengaluru, he is a
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senior citizen with advanced - stage prostate cancer, wheel-
chair bound and requires constant care and assistance for all
daily tasks.
5. However, the Trial Court without considering all
these aspects including the distance of the residences of the
petitioners to Hubballi Court, their age, medical emergency
as contended in the application simply rejected the
application filed under Section 205 of Cr.P.C.
6. Section 205 of Cr.P.C contemplates that a
Magistrate may dispense with the personal attendance of an
accused.
(i) Whenever a Magistrate issues a summons, he
may, if he sees reason so to do, dispense with
the personal attendance of the accused and
permit him to appear by his pleader.
(ii) But the Magistrate inquiring into or trying the
case, may, in his discretion, at any stage of
the proceedings, direct the personal
attendance of the accused, and, if necessary,
enforce such attendance in the manner
hereinbefore provided.
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7. Whereas in the instant case, the petitioners have
sought for permanent exemption of their personal
appearance, on the ground of distance between their
residence and the Hubballi Court as well as their medical
emergency.
8. I have perused the entire order sheet. Now the
matter is pending for consideration i.e., at the stage of
"Hearing Before Charge". The Trial Court may insist for their
personal appearance at the stage for "framing of charge,
recording of evidence, examination of accused under Section
313 of Cr.P.C. and pronouncement of judgment and etc".
9. Learned counsel for the petitioners undertakes
that, under such circumstances, the petitioners - accused
Nos.1, 3, 5, 7 and 13 respectively would appear before the
Trial Court. Hence, it is just and necessary to allow the
application filed before the Trial Court under section 205 of
Cr.P.C and these petitioners - qua accused Nos.1, 3, 5, 7
and 13 are permanently exempted from their personal
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appearance before the Trial Court. Accordingly, this Court
proceed to pass the following:
ORDER
(i) The writ petition is hereby allowed.
(ii) The order dated 12.05.2025 passed on
application filed under Section 205 of Cr.P.C.
in C.C.No.3430/2023 by the learned JMFC-I
Court, Huballi, is hereby quashed.
(iii) The petitioners - accused Nos.1, 3, 5, 7 and
13 are exempted from their personal
appearance before the Trial Court.
(iv) It is made clear that the petitioners shall
appear before the Trial Court while "framing of
charges, recording of evidence, examination
of accused under Section 313 of Cr.P.C and
while pronouncement of judgment.
(v) It is further made clear that, if the petitioners
do not dispute their identity, then the Trial
Court may proceed with the Trial in their
absence by noting their permanent
exemption.
Sd/-
(VENKATESH NAIK T)
JUDGE
EM /CT-AN
