- 1 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4910 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHAMMED RAZIN @ RAZEK S/O MOHAMMED RAFIQ AGED ABOUT 23 YEARS, R/AT 2-109, GANADABETTU, KANNURU MANGALURU, D K DISTRICT-575 007 …PETITIONER (BY SRI. RAJASHEKAR S, ADVOCATE) AND: STATE OF KARNATAKA KANKANADY TOWN POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560 001 …RESPONDENT (BY SMT.N.ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 16.11.2022 PASSED IN SPL.C.NO.18/2022 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MANGALURU. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is accused No.3 before the trial Court has filed this petition under Section 482 Cr.P.C, challenging the order dated 16.11.2022 in Spl.C.No.18/2022 on the file of Prl.District and Sessions Judge, Mangaluru, by which bail granted to him came to be cancelled and Crl.Misc.1070/2022 came to be registered against him and his surety. 2. In support of the petition, the petitioner has contended that a charge sheet came to be filed against him and 2 other accused in Spl.C.No.18/2022, for the offences punishable under Sections 8(c) 21(b) of NDPS Act. He was released on bail on 29.07.2021. Whenever he remained absent, he filed exemption application. On 06.07.2022 also, exemption application was filed. - 3 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 However, the trial Court rejected the same and ordered for issue of Non-bailable warrant against accused No.1 and petitioner and the same is challenged by the petitioner in this petition. 3. The impugned order is opposed to principles of settled law. No reasons are assigned for canceling the bail bond and issue of warrant. No show cause notice was issued either to the petitioner or his sureties and hence the petition. 4. Heard arguments and perused the records. 5. Petitioner before this Court is accused No.3. A charge sheet came to be filed against accused Nos.1 to 3 alleging that on 05.02.2021 at 5.00 p.m on receipt of credible information regarding sale of MDMA crystals and MDMA pills in auto rickshaw bearing registration No.KA- 19/AD-0981, complainant after securing permission from his superior officer, along with CWs-2 to 9 proceeded to the spot. Accused Nos.2 and 3 managed to run away. - 4 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 Accused No.1 was apprehended and from his possession MDMA crystals weighing 0.76 gms and MDMA pills weighing 1.13 gms, totally worth Rs.6,500/- were seized. 6. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 3. They have secured bail. The order sheet reveal that several adjournments have been granted for hear before charge and every hearing day, one or the other accused have remained absent. In fact the trial Court has exempted their presence liberally. On 06.09.2022, again accused Nos.1 and 3 remained absent. Since, there was no representation for them and no exemption was sought, Non-bailable warrant came to be issued against them. On the next date of hearing, they appeared and on the basis of application filed on their behalf warrant came to be recalled. Once again on 16.11.2022, petitioner/accused No.3 remained absent. This time, the trial Court rejected his exemption application and by observing that he is the habit of keeping away from the Court proceedings, his bail - 5 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 bond came to be cancelled and Crl.Misc.No.1070/2022 came to be registered against him and his surety. 7. In the present petition, petitioner/accused No.3 has challenged the said order. Perusal of the order sheet clearly indicates that the trial Court has liberally granted exemption and in fact it has also recalled Non-bailable warrant issued against the accused persons. On account of one or the other accused remaining absent, the trial Court could not proceed with the matter and ultimately, took coercive steps of canceling the bail of petitioner/accused No.3. 8. In the Crl.Misc.1070/2022, registered against petitioner/accused No.3 and his surety, the trial Court would issue show cause notice as to why the bond amount shall not be forfeited by way of penalty. Even though while granting stay, this Court directed petitioner/accused No.3 to attend the Court proceedings without fail, it appears - 6 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 that he has not complied with the said condition and there is no progress in the case. 9. Having regard to the fact that the petitioner/accused No.3 and other accused were not regularly attending the Court, the trial Court was justified in rejecting exemption filed by petitioner/accused No.3 and canceling his bail. Of course in Crl.Misc.1070/2022, he is at liberty to justify his absence and seek lenient view to be taken with regard to imposition of penalty. In such an event, the trial Court is directed to appreciate the reasons so assigned and quantify the penalty and proceed with the matter. 10. With this observation, the petition stand disposed of. The Registry is directed to send a copy of this order to the trial Court through e-mail. - 7 - HC-KAR NC: 2025:KHC:34256 CRL.P No. 4910 of 2023 Accused No.3 shall appear before the trial Court and secure bail, if already not done so. The trial Court shall take a lenient view in granting bail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 29