STATE OF KARNATAKA Vs. K KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 25-10-1979 passed by the Sessions Judge, Uttara Kannada, Karwar, purporting to be in exercise of his appellate powers in Criminal Appeal No. 70 of 1979 and setting aside the order dated 17-9-1979 passed by the Judicial Magistrate, First Class, Bhatkal, in C.C. No. 474 of 1979.

(2.) The Magistrate issued a preliminary order under section 111 of the Criminal Procedure Code invoking the provisions of Section 109 of the Criminal Procedure Code. The respondents were present before him on 17-9-1979 as per the preliminary order. On 17-9-1979, the Magistrate asked the respondents to execute a bond for Rs. 500/- each with one surety, but the respondents pleaded inability to furnish sureties. He then proceeded to take them into custody sentencing them to undergo simple imprisonment for four months. The respondents challenged this order in the Sessions Court and the Sessions Judge set aside the order.

(3.) Section 109 of the Cr.P.C. provides that a preliminary order has to be issued as per the provisions of Section 111 of the Cr.P.C. Service of the preliminary order so issued is to be effected as laid down by Sections 112 and 113 of the Criminal Procedure Code. On the service being effected, the Magistrate has to proceed as contemplated by Section 116 of the Cr.P.C. Section 116(1) and (2) lay down that an enquiry has to be held by the Magistrate to ascertain the truth of the information upon which action has been taken by him. S. 116(3) of the Cr.P.C. empowers the Magistrate, in cases where immediate measures are necessary for the prevention of a breach of the peace or disturbance of the Public tranquillity or the commission of any offence or for the public safety to direct the person or persons in respect of whom an order under Section 111 has been made to execute a bond with or without sureties.