STATE OF KARNATAKA Vs. RENUKA SUKRU GOUDA

JUDGEMENT

(1.) This petition is filed under Section 439(2) of Cr.P.C. for setting aside the order dated 18.01.2019 passed in Criminal Miscellaneous No.543 of 2018 and to cancel the bail granted to the respondents/accused Nos.1 to 3 and also to direct to police to arrest the respondents/ accused Nos. 1 to 3.

(2.) The facts leading to this petition are that the Principal District and Sessions Judge, Uttara Kannada, Karwar had granted bail to the respondents/accused Nos.1 to 3 subject to certain terms and conditions.

(3.) Being aggrieved by the said order this petition has been filed for cancellation of bail contending that the learned Sessions Judge without considering the bar provided under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has erroneously allowed the application and has granted anticipatory bail. In view of decision reported in ILR 2017 KAR 1275 in the case of Srinivasan K. vs. State of Karnataka , by Indranagar Police Station, Bangalore and Others, no Court shall entertain the bail application for anticipatory bail, but the learned Sessions Judge without considering the said principle has granted the bail. The Sessions Judge going into the merits of the case while considering the application for grant of anticipatory bail is impermissible as per the recent amendment to Section 18A(2) of the SC ST (PA) Act. The provisions of Section 438 of Cr.P.C. Court shall not apply to the case under this Act. Thus, the order passed by the Sessions Judge granting anticipatory bail deserves to be cancelled.