- 1 - HC-KAR NC: 2025:KHC-D:13826 CRL.P No. 104089 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104089 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NIHAL S/O IMAMHUSEN HORATTI, AGE. 26 YEARS, OCC. LABOURER, R/O. #716, MIKANI ONI, YARAGATTI, DISTRICT. BELAGAVI-591129. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH MURGOD POLICE STATION. 2. MAYAWWA D/O. SHIVAPPA MUGALIHAL, AGE. 58 YEARS, OCC. ANGANWADI WORKER, R/O. YARAGATTI, DIST. BELAGAVI PIN CODE. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT (STATE)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023), PRAYING TO, QUASH THE ORDER DATED ON, 23/8/25 IN SPL CASE NO.207/22 PENDING ON THE FILE OF ADDL. DIST. AND FTSC-1 BELAGAVI ARISING OUT OF CRIME NO.186/22 MURGOD POLICE STATION FOR THE OFFENCE UNDER SECTION, /S, 376(2)(I) AND 506 OF IPC AND 4 AND 6 POSCO ACT., AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13826 CRL.P No. 104089 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioner being aggrieved by the order dated 23.08.2025, wherein the trial Court cancelled the bail as the petitioner was absent on that day. Again, the matter was posted on 01.09.2025. On that day he remained absent and notice to his surety was ordered and posted the matter on 12.09.2025. 2. The submissions of the learned counsel for the petitioner is that on 14.08.2025, an application is filed under Section 317 of Cr.P.C which was allowed and thereafter, due to unavoidable circumstances, on 23.08.2025 he could not appear before the trial Court. In the meantime, an application for extension was not filed by the learned counsel for the petitioner. Hence, the bail was canceled, which has caused inconvenience and great hardship to the petitioner. Therefore, he may be permitted - 3 - HC-KAR NC: 2025:KHC-D:13826 CRL.P No. 104089 of 2025 to appear before the trial Court for filing of necessary application to obtain bail. 3. Per contra, learned High Court Government Pleader vehemently submitted that on 04.08.2025, a statement under Section 313 of Cr.P.C was recorded. The matter was posted for arguments on 14.08.2025 and on 23.08.2025, neither the counsel, nor accused was present before the Court, therefore, the Court has rightly canceled the bail. Therefore, no interference is called in the order passed by the trial Court. Hence, he prays to dismiss the petition. 4. Having heard the learned counsels for the respective parties, I have perused the ordersheet of the trial Court, wherein it clearly appears that the petitioner who is accused in the Spl.C. No.207/2022 was regular before the trial Court in fact on 04.08.2025 his statement was recorded. Thereafter, on 14.08.2025 an application under Section 317 of Cr.P.C was filed and the same was allowed - 4 - HC-KAR NC: 2025:KHC-D:13826 CRL.P No. 104089 of 2025 on that day and the matter was posted on 23.08.2025, he remained absent on that day. Hence, the bail was canceled. 5. The said order in my considered view is not a speaking order and it is not appropriate. Therefore, the said order has to be set aside. Accordingly, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The order dated 23.08.2025 passed in Spl.Case No.207/2022 pending on the file of Additional District and FTSC-1 Belagavi, is hereby set aside. iii) The petitioner is permitted to appear before the trial Court on 28.10.2025. iv) The trial Court shall proceed with further proceedings in accordance with law. Sd/- (S.RACHAIAH) JUDGE PJ List No.: 1 Sl No.: 34