(1.) V.Srishananda, J . 1.Heard the learned High Court Government Pleader for the petitioner and Sri.Parameshwarappa.C., learned Counsel for the respondent-accused and perused the records.
(2.) This petition is filed under Sec. 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.
(3.) Subsequent thereto, an application under sec. 70(2) of Cr.P.C filed seeking to recall of warrant. The personal bond is executed for a sum of Rs.50,000.00before 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.