[Cites 9, Cited by 0]
Karnataka High Court
Akash @ Akshaya vs The State Of Karnataka on 11 March, 2026
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NC: 2026:KHC-K:2304
CRL.P No. 201846 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 201846 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
AKASH @ AKSHAYA
S/O NAGAPPA DAMMURKAR
AGED ABOUT 29 YEARS
OCC: STUDNET
R/O NEAR K.E.B OFFICE
BELAKOTA CAMP, KAMALAPUR
TQ: AND DIST: KALABURAGI-585101
...PETITIONER
(BY SRI. GAWALI DEEPAK K., ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by
SHIVALEELA THROUGH POLICE
DATTATRAYA UDAGI
BRAHMPUR POLICE STATION
Location: HIGH
COURT OF DIST: KALABURAGI-585101
KARNATAKA
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH.
...RESPONDENT
(BY SRI.GOPALKRISHNA B. YADAV, HCGP)
THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW) PRAYING TO ALLOW THE
PETITION AND QUASH THE NBW ORDER ISSUED BY THE
HONOURABLE PRINCIPLE DIST. AND SESSION JUDGE COURT
ON 16.01.2023 IN SC NO.229/2022 IN SO FOR AS ACCUSED
NO.3, PETITIONER.
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NC: 2026:KHC-K:2304
CRL.P No. 201846 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, seeking to quash the
Non-Bailable Warrant issued against the petitioner by the
Principal District and Sessions Judge, Kalaburagi on
16.01.2023 in S.C.No.229/2022.
2. The brief facts leading to the filing of this
petition are as follows:
On the basis of a complaint filed by
Sri.Sanghamanath, Brahmapura Police registered a case in
Crime No.208/2018 against accused Nos.1 and 2, along
with other accused for the commission of offences
punishable under Sections 332, 333, 353 and 307 read
with Section 34 of Indian Penal Code and Section 25 and
27 of Indian Arms Act and Section 3 of Karnataka
Prevention of Damage to Public Property Act, 1984.
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HC-KAR
3. After investigation, Investigation Officer has
submitted the charge sheet against accused Nos.1 to 4,
namely Umesh, Babu, Aakash @ Akshaya and Kanya @
Kishore, for the offences punishable under Sections 332,
333, 353, 307 read with Section 34 of the IPC and
Sections 25 and 27 of Indian Arms Act. Thereafter, the
case was committed to the Court of Sessions and case was
registered in S.C.No.43/2019.
4. Since petitioner-accused No.3 did not appear
before the Trial Court, the case against petitioner-accused
No.3 was split up by order dated 14.12.2022. Accordingly,
a separate case was registered against petitioner-Akash in
S.C.No.229/2022. In this case, the Trial Court has issued a
NBW against petitioner-accused No.3. The same is
challenged by the present petitioner.
5. Learned counsel for the petitioner would submit
that the petitioner could not appear before the Trial Court
from 16.04.2019 till date as his old-aged father was not
keeping good health and was suffering from illness, and
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the petitioner is the only person to look after his family.
Petitioner's mother was suffering from various diseases,
and the doctor had orally advised the petitioner to take his
parents to Thane, Mumbai (Maharashtra State) for proper
treatment. It is his duty to look after the day-to-day
medical requirements of his parents, and he does not have
any sufficient source of income to meet the medical
expenses of his parents. As such, he left Kalaburagi and
started residing in Mumbai for his livelihood in order to
meet the family expense. The mother of the petitioner
passed away on 18.09.2025. To substantiate his
arguments, he produced the death certificate of his
mother. The petitioner apprehends that, in view of the
long-pending non-bailable warrant and proclamation
order, the Court may take him into judicial custody upon
execution of the same. As such, he has filed the present
petition. Non-appearance of the petitioner was bonafide
and petitioner undertakes to appear before the Court
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regularly without fail and he will co-operate for trial. On all
these grounds, prays to allow the petition.
6. Considering the submissions made by the
learned counsel for the petitioner, it is just and proper to
quash NBW issued against the petitioner.
7. Accordingly, I proceed to pass the following:
ORDER
(i) The petition is partly allowed.
(ii) The NBW issued against the petitioner-
accused in S.C.No.229/2022 is hereby
quashed.
(iii) The petitioner shall appear before the Trial
Court on 16.03.2026 without fail.
(iv) The Trial Court shall proceed with the case in
accordance with law.
(v) The Registry is directed to communicate this
order through e-mail to concerned Court.
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In view of the disposal of main petition, pending IAs.,
if any, do not survive for consideration and same stand
disposed of.
Sd/-
(G BASAVARAJA)
JUDGE
TIN/sdu
List No.: 1 Sl No.: 29
