State Of Karnataka vs Naveen

V. Srishananda, J

Heard the learned High Court Government Pleader for the petitioner and Sri.Parameshwarappa.C., learned Counsel for the respondent-accused and perused the records.

This petition is filed under Section 439(2) of Cr.P.C. by the State seeking cancellation of the bail. In the meantime, since the respondent did not appear before the Court despite service of notice, non-bailable warrant came to be issued by this Court to secure the presence of the respondent.

Subsequent thereto, an application under section 70(2) of Cr.P.C filed seeking to recall of warrant. The personal bond is executed for a sum of Rs.50,000/-before the Trial Court. Learned counsel for the respondent-accused submits that due to improper communication, the respondent could not appear before this Court. There is no malafide intention in non-appearing before this Court. Accordingly, he prays for recalling the warrant issued.

He further submits that the respondent and victim girl have married each other and there is no scope for cancellation of the bail and taking note of the same the Trial Court cancelled the bail and 8 witnesses have been examined before the Trial Court. At this stage, if the bail is cancelled, the same would cause great hardship to the respondent. He also contended that respondent would further co-operate with the earlier completion of the trial and sought for dismissal of the petition. In this regard, he also filed an affidavit.

The copy of the affidavit is furnished to the learned HCGP.

Perused of the contents of the affidavit. The respondent is co-operating with the trial and the trial has also progressed to sufficient extent inasmuch as eight witnesses have been examined by the prosecution. Therefore, the apprehension of the prosecution stands quelled. Therefore, by ordering to pay a fine of Rs.5,000/-, warrant is recalled.

Placing the affidavit on record, the petition stands disposed of. Registry to accept the fine amount.