A EBENEZER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is an accused in C. C. No. 18070/2001. On a private complaint, a case is registered against the accused/petitioner for committing offences punishable under Sections 448, 506 and 313, IPC. The complainant/victim claims to be the wife of the petitioner, according to the complaint. After checkered rounds of litigation before this Court and Apex Court, ultimately the trial Court, after recording sworn statements, issued process against the petitioner for his appearance. On the date of appearance , the Counsel appearing for petitioner made an application for exemption under Section 317, Cr. P. C. along with medical certificate to show that the petitioner is admitted in hospital and he is under treatment. The trial Court by the impugned order rejects the application on the ground that the other sides opposes the application and thus directs issuance of N. B. W.

(2.) THE Counsel for the petitioner relied on the Ruling of the Full Bench of Andhra Pradesh High Court reported in Sheik Khasim Bi v. State (FB) 1986 Cri LJ 1303 : (AIR 1986 AP 345) to bring home the point that even after filing of a charge sheet in respect of warrant issued by a criminal Court, anticipatory bail could be granted under Section 438, Cr. P. C.

(3.) AFTER carefully going through the said ruling, I respectfully disagree with the view taken by the Andhra Pradesh High Court, for the following reasons : for convenient reference, the provisions of Section 438, Cr. P. C. is reproduced here- under : "438. Direction for grant of bail to person apprehending arrest :-