KANTHARAJU Vs. STATE BY HALEBEEDU POLICE HASSAN DISTRICT

JUDGEMENT

(1.) THE grievance of the petitioners is that despite the fact that the petitioners were enlarged on bail when the case was under investigation for offences under Sections 498-A and 506 IPC read with Section 34 of IPC. When the charge sheet was filed for offence under Section 307 of IPC in the same crime number, this Court has been insisting on a fresh bail application. This Court has already held that once bail is granted in a case, the lower Court shall not cancel the bail and the bail granted earlier will have the effect until it is cancelled by a Superior Court or for violation of any conditions imposed by the Court. Though the petitioners had erroneously filed application for anticipatory bail that cannot be made as a ground for canelling the bail granted earlier to the petitioners. It is held that the petitioners are entitled to enjoy the benefits of bail order passed earlier and they cannot be taken into custody in Crime No. 06/ 2010 unless for any other reasons their bail is cancelled by the Court. 3. With these observations, this petiiton is disposed of.