MUJAHIDULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.15/2014 registered by the Cubbon Park Police Station, Bengaluru, for the offence punishable under Sec. 379 of IPC and Sec. 87 of the Karnataka Forest Act.

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

(3.) The factual matrix of the case is that the police have registered the case against the petitioners and other accused persons for the offence punishable under Sec. 379 of IPC and Sec. 87 of the Karnataka Forest Act and the petitioners were granted bail and thereafter charge-sheet was filed and after filing of the charge-sheet, cognizance was taken and the summons was issued against the accused and the accused did not appear before the Trial Court. The petitioners instead of filing necessary application before the Trial Court, filed a petition under Sec. 438 of Cr.P.C. and the same was rejected on the ground that the petition is not maintainable once they have already been enlarged on bail.