STATE OF KARNATAKA Vs. MAHAMMAD BILAL KHAN

JUDGEMENT

(1.) This petition is filed under Section 439(2) of Cr.P.C. by the State to set aside the order dated 27.08.2018 passed in Criminal Miscellaneous No.340/2018 by the learned Principal District and Sessions Judge, Uttara Kannada, Karwar and to cancel the anticipatory bail granted to the respondents and also to direct to the concerned police to arrest the respondents-accused and commit to custody.

(2.) The facts leading to the petition are that the learned Principal District and Sessions Judge, Uttara Kannada Karwar has passed an order dated 27.08.2018 in Criminal Misc. No.340/2018 granting anticipatory bail to the respondents No.2, 4 and 5 subject to terms and conditions.

(3.) The State being aggrieved by the said order has filed a petition contending that the order passed by the Special Court is contrary to law and facts of the case. The anticipatory bail was granted without considering the bar provided under Section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short, the 'Act'). The Sessions Court should not have entertained the anticipatory bail application. In view of the decision reported in ILR 2017 Karnataka 1275 in the case of Srinivasan K. V/s State of Karnataka, no Court shall entertain application for anticipatory bail unless the prima facie case is not made out under the Act. The enactment is to protect the persons who belong to scheduled caste and scheduled tribes. The failure to consider the same has resulted in miscarriage of justice. The learned Judge has erroneously allowed the petition without considering the principles laid down in the above said judgment. The reasons given by the Sessions Court for granting bail are not proper and justified.