HARISH REDDY AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition has been filed under Sec. 439 of Cr.P.C. Case was registered in Cr. No. 145/2013 under Secs. 120B, 143, 147, 148, 307, 341 AND 302 R/W 149 OF IPC. Petitioners are Accused 1 & 2.

(2.) THE peculiarity of this case is that earlier these very petitioners had approached this court in Cr.P. No. 3062/2014 and bail was granted on 11.11.2014. Thereafter, State has filed Cr.P. No. 2575/2015 disposed of on 10.7.2015 in which it is complained that petitioners who have filed bail petition have obtained benefit of bail by suppressing the fact of the order passed in Cr.P. No. 1287/2014 dated 14.3.2014 by which bail was rejected. Thereafter suppressing the said petition they filed another petition in which bail was granted, the same was cancelled in view of the suppression of facts by the petitioners. Learned counsel for the petitioners submits that after the bail was cancelled and liberty was reserved by this court to approach the Sessions Court. Rightly they have approached the learned Sessions Judge in S.C. No.97/2015 who has dismissed the petition. Hence this petition.

(3.) LEARNED Govt. Pleader appearing for the State relied on Crl.A. No. 2335/2014 between JAGMOHAN BAHL AND ANOTHER Vs. STATE (NCT of Delhi) AND ANOTHER and submitted that unless changed circumstances are placed before this court, petition has to be placed before the same Judge who has granted or rejected the bail. In the instant case, since bail was granted and thereafter rejected by this court before whom this petition also to be placed.