K. GOPALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners and the learned Government Pleader.

(2.) The present petition is filed by the accused, who had initially obtained bail before the Court of the Magistrate when there were allegations of commission of offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' the IPC', for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. However, the same was questioned by way a revision petition under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' the Cr.PC', for brevity) by the State, before the Sessions Court. The Sessions Court in turn having set aside the order granting bail in favour of the petitioners, the petitioners are before this court.

(3.) Initially, a question as regards the maintainability of such a revision petition in terms of Section 397(3) of the Cr.PC was raised by the learned Government Pleader.