DEEPU, SRI MALLIKARJUNA AND SRI SIDDALINGAIAH Vs. STATE REPRESENTED BY KUNIGAL POLICE STATION AND GOVINDE GOWDA

JUDGEMENT

(1.) THE petitioners are accused Nos. 2, 4 and 6 in S.C. No. 47/2013 pending on the file of II Additional District and Sessions Judge, Tumkur for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 504, 506, 307, 302 r/w Section 149 of IPC. In Crl. Misc. 110 & 111 of 2013 vide order dated 18.02.2013, the petitioners are enlarged on bail subject to certain conditions. One of the condition is that the petitioners shall not threaten or tamper with the prosecution witnesses.

(2.) DURING the pendency of the trial, the Public Prosecutor filed an application under Section 439(2) of Cr.P.C. seeking cancellation of bail granted in favour of the petitioners on the ground that they have violated the bail conditions and the threatened the witnesses. To this application, the petitioners filed objections denying the allegations. Under the impugned order, the Sessions Judge, allowed the application, cancelled the bail granted in favour of the petitioners. Now they are apprehended and are in custody. Aggrieved by this order of cancelling the bail, the petitioners are before this Court.