Khaleel @ Ibrahim Khaleel @APPELLANT @Hash State Of Karnataka @RESPONDENT

Anant Ramanath Hegde, J

Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioner submits that petitioner was accused No.5 before the Trial Court and on his appearance, bail was granted to him and he has executed necessary bail bond in terms of the order.

Later, on 25.10.2024, accused No.5 was not present. An application was filed, seeking exemption. The application was rejected on the same day. In terms of the impugned order, the bail bond executed by accused No.5 was cancelled.

Learned counsel for the petitioner contends that before canceling the bail bond, the petitioner who is accused No.5 should have been heard and warrant should have been issued to secure his presence. Without securing the presence of the accused and without hearing the accused, the bail bond could not have been cancelled.

Learned High Court Government Pleader appearing for the respondent-State fairly submits that there is precedural error committed by the Trial Court.

Considering the submission of the learned High Court Government Advocate for respondent, this Court is of the view that, before canceling the bail bond executed by the petitioner, the accused No.5 should have been heard by securing his presence. Since the procedure is not followed, the impugned order has to be set aside.

Accordingly, the impugned order dated 25.10.2024 passed by the learned Principal District and Sessions Judge, Dakshina Kannada District in Special Case No.61/2020 registered by the respondent - Buntwala Rural Police, is hereby set aside.

The matter is remitted to the Trial Court to consider as to whether the bail bond of the accused No.5 is to be cancelled or not, after affording an opportunity to accused No.5.

The warrant issued against accused No.5 is recalled. The accused No.5 shall be present before the Trial Court on the next date of hearing, i.e. 29.01.2025.

Under the above circumstances, the petition stands allowed.