STATE Vs. NARAYANASWAMY

JUDGEMENT

(1.) This petition is filed by the State under Sec. 439(2) of Cr.P.C. for cancellation of bail granted by the Trial Court dtd. 11/6/2021 in Crl.Misc.No.5206/2021 on the file of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal.

(2.) Heard the learned High Court Government Pleader appearing for the petitioner-State and the learned counsel for respondent Nos.1 and 2.

(3.) The learned High Court Government Pleader appearing for the petitioner-State would vehemently contend that the Trial Court while passing the order even not directed the respondents herein to surrender before the Investigating Officer and to cooperate with the Investigating Officer for investigation except directing the respondents to furnish their permanent residential address to the Court for ID proof and also direction was given not to tamper with the prosecution evidence and shall not threaten the prosecution witnesses and shall attend the Court regularly. The learned counsel would contend that the Trial Court has not given any opportunity to the prosecution and at the initial stage of crime, passed an order without giving an opportunity. The Trial Court even not given any direction to appear before the Investigating Officer to conduct the investigation. However, conducted the investigation and filed the charge-sheet and hence the order passed by the Trial Court is erroneous and it requires interference of this Court to exercise the powers under Ss. 439(2) of Cr.P.C.