STATE OF MYSORE Vs. BASWANATH RAO

JUDGEMENT

(1.) An important question whether the Court has power to grant what is called 'anticipatory bail' arises for consideration in this revision case.

(2.) The Tahsildar, Bhalki, lodged a complaint on 23-1-1964 with the police at Dhanura that while the Patwari of Malchapur was collecting revenue, the respondents before this Court, abused the Patwari and assaulted him with shoes and thereby obstructed the public servant from discharging his duties. The police registered a case against the respondents under S. 353 I.P.C. and sent the first information report to the Magistrate.

(3.) Fearing that they might be arrested by the police, the respondents appeared before the Firs Class Magistrate, Bhalki, on 20-3-1964 and made an application praying that they might be released on bail. This application appears to have been opposed by the Prosecutor. The learned Magistrate passed an order on the same day as follows: