LAWS(KAR)-2022-1-39

STATE OF KARNATAKA Vs. ATHAULLA JOKATTE

Decided On January 25, 2022
STATE OF KARNATAKA Appellant
V/S
Athaulla Jokatte Respondents

JUDGEMENT

(1.) Heard the learned High Court Government Pleader appearing for the petitioner and learned counsel for respondent Nos.1 to 8.

(2.) This petition is filed by the State under Sec. 439(2) of Cr.P.C. for cancellation of bail granted by the Trial Court in favour of the respondents vide order dtd. 22/10/2020 in Crl.Misc.Case.No.563/2020 for the offence punishable under Ss. 143, 147, 148, 152, 324, 353, 332, 307, 120-B, 109 read with Sec. 149 of IPC, Ss. 2(a) and 2(b) of KPDLP Act.

(3.) The main contention of the petitioner-State before this Court for cancellation of bail invoking Sec. 439(2) of Cr.P.C. is that there were 16 cases registered against the respondents and the Trial Court, failed to consider the seriousness of the matter while passing the impugned order. It is contended that the criminal act was done by the respondents, as a result of conspiracy and abatement on behalf of the accused persons and the whole city was burning and several police officials, who were on public duty suffered injuries and lot of public properties were destroyed. Inspite of detailed statement of objections being filed, the Sessions Judge, overlooked the same. The act of the accused persons is in violation of the prohibiting orders which were in force and the respondents assaulted and attempted to murder the police officials.