MANOJ KUNDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned State Public Prosecutor-1 on behalf of the respondent - State.

(2.) The appellants/accused Nos.1 and 2 are in appeal against the order passed by the Prl. District & Sessions Judge at Mysuru in Spl. Case No.283/2018 rejecting the application filed by the appellants for statutory bail under Section 167(2)(a)(i) of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.').

(3.) At the earlier instance the appellants had moved a similar application under Section 167 (2) of Cr.P.C. But the trial court rejected the said application on the ground of bar contained in Section 22(5) of Karnataka Control of Organized Crimes Act, 2000 ( for short, 'KCOCA Act'). When the appellants took the matter to this court in Crl.A.No.858/2020, this court by order dated 02.11.2020 set aside the order of the trial court as the bar engrafted in Section 22(5) of the KCOCA Act was held ultra vires by the Hon'ble Supreme Court in the case Rajesh Nayak & Ors. Vs. The State By Vitla Police Bantwal Taluk in Crl.A.No.20/2018 [Special Leave Petition (Crl.) No.9140/2017].