MANGESH KAISARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN all the above matters it appears that respondent No. 2 has secured anticipatory bail before the District & Sessions Judge, Uttara Kannada, Karwar. The Sessions Judge has granted bail after providing opportunity to the learned Public Prosecutor and also after hearing both the parties. The offence alleged against the accused persons in the above said cases are under Section 395 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity)

(2.) IN the above said cases learned counsel for petitioner had filed an application seeking for cancellation of anticipatory bail granted to respondent No. 2 by the Sessions Court on the ground that he has not complied with the order passed by learned Sessions Judge by colluding with the police and they are misusing the liberty and freedom given by the Court. It is further urged that the amount and valuable materials taken away by respondents are not recovered. Therefore, releasing of said accused persons is illegal.

(3.) IT is further submitted that if the respondent No. 2 continues with anticipatory bail, then there is no possibility of getting justice and petitioner will be put to irreparable loss. In fact, the above said ground has not been urged before the Sessions Court as the petitioner has not approached the Sessions Court for cancellation of bail.