High Court of Karnataka Quashes Non-Bailable Warrant in Criminal Case Due to Non-Compliance with Section 73 Cr.P.C. — Petitioner's Absence Not Deliberate as Warrant Issued Without Prior Notice or Bailable Warrant. The court held that a non-bailable warrant cannot be issued without first issuing a bailable warrant or summons unless there is deliberate avoidance, and the Sessions Court failed to record reasons as required under Section 73 Cr.P.C.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 15:45:08

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Case Note & Summary

The petitioner, Vaibhavaraj Utsav, filed a criminal petition under Section 482 Cr.P.C. before the High Court of Karnataka challenging an order dated 17.05.2024 passed by the XXVII Additional City Civil and Sessions Judge, Bangalore, in Crl.Misc.No.3822/2024, which issued a non-bailable warrant (NBW) against him. The background of the case involves a crime registered as Crime No.53/2021 at Chandra Layout Police Station for offences under Sections 406, 465, 471, and 379 read with Section 34 IPC, based on a complaint by Dr. Kiran Kamala alleging misappropriation of funds of an organization and theft of documents, with the misappropriation amount projected at Rs.1,08,50,000/- in the account of Vimukthi Trust. After investigation, a charge sheet was filed in C.C.No.31039/2021. The petitioner applied for regular bail, and the Sessions Court issued an NBW. The petitioner contended that the NBW was issued without first issuing a bailable warrant or summons, and without recording reasons as required under Section 73 Cr.P.C. The High Court, after hearing both sides, observed that the Sessions Court had not issued any bailable warrant or summons prior to the NBW, and there was no material to show that the petitioner was deliberately avoiding court proceedings. The court held that the issuance of NBW was mechanical and without application of mind, and therefore quashed the order. The petition was allowed, and the NBW was set aside.

Headnote

A) Criminal Procedure - Non-Bailable Warrant - Issuance Without Prior Bailable Warrant - Section 73 Cr.P.C. - The court held that a non-bailable warrant cannot be issued mechanically without first issuing a bailable warrant or summons, unless there is material to show deliberate avoidance by the accused. The Sessions Court failed to record reasons for issuing NBW, and the petitioner's absence was not deliberate as he was not served with any prior notice. Held that the order issuing NBW is unsustainable and liable to be quashed. (Paras 4-6)

B) Criminal Procedure - Section 482 Cr.P.C. - Inherent Powers - Quashing of Non-Bailable Warrant - The High Court exercised its inherent powers under Section 482 Cr.P.C. to quash the non-bailable warrant issued by the Sessions Court, as the issuance was without jurisdiction and in violation of principles of natural justice. (Para 6)

Issue of Consideration

Whether the Sessions Court was justified in issuing a non-bailable warrant against the petitioner without first issuing a bailable warrant or summons, and without recording reasons as required under Section 73 Cr.P.C.

Final Decision

The High Court allowed the petition, quashed the order dated 17.05.2024 passed in Crl.Misc.No.3822/2024 by the XXVII Additional City Civil and Sessions Judge, Bangalore, and set aside the non-bailable warrant issued against the petitioner.

Law Points

Non-bailable warrant cannot be issued without first issuing bailable warrant or summons unless there is deliberate avoidance
Section 73 Cr.P.C. requires court to record reasons for issuing NBW
Magistrate must apply mind before issuing NBW

Case Details

2024 LawText (KAR) (07) 71

CRL.P No. 5847 of 2024

2024-07-09

M. Nagaprasanna

Mohammed Tahir, Harish Ganapathi

Vaibhavaraj Utsav

State by Chandra Layout P.S., Rep. by State Public Prosecutor

Nature of Litigation

Criminal petition under Section 482 Cr.P.C. challenging issuance of non-bailable warrant

Remedy Sought

Petitioner sought to set aside the order dated 17.05.2024 issuing non-bailable warrant against him

Filing Reason

Petitioner challenged the non-bailable warrant issued by Sessions Court without prior bailable warrant or summons and without recording reasons

Previous Decisions

Sessions Court passed order in Crl.Misc.No.3822/2024 on 17.05.2024 issuing non-bailable warrant against petitioner

Issues

Whether the Sessions Court was justified in issuing a non-bailable warrant without first issuing a bailable warrant or summons? Whether the Sessions Court failed to record reasons as required under Section 73 Cr.P.C.?

Submissions/Arguments

Petitioner argued that the non-bailable warrant was issued mechanically without prior bailable warrant or summons, and without recording reasons as required under Section 73 Cr.P.C. Respondent State argued in support of the warrant, but the court found no material to show deliberate avoidance by petitioner.

Ratio Decidendi

A non-bailable warrant cannot be issued without first issuing a bailable warrant or summons unless there is material to show deliberate avoidance by the accused. The court must record reasons for issuing NBW as per Section 73 Cr.P.C. Issuance of NBW without such compliance is mechanical and unsustainable.

Judgment Excerpts

The issue is, whether the Sessions Court could have issued a non-bailable warrant without there being a bailable warrant or summons issued to the petitioner. The order does not indicate any reason as to why a non-bailable warrant was issued. It is a mechanical order. In the light of the issue not being considered by the Sessions Court, the order impugned cannot but be unsustainable.

Procedural History

Crime No.53/2021 was registered against petitioner for IPC offences. Charge sheet filed in C.C.No.31039/2021. Petitioner applied for regular bail. Sessions Court in Crl.Misc.No.3822/2024 issued non-bailable warrant on 17.05.2024. Petitioner filed Crl.P No.5847/2024 under Section 482 Cr.P.C. before High Court challenging the warrant. High Court allowed petition and quashed warrant on 09.07.2024.