HANUMANTHARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners and the learned High Court Government Pleader for respondent State.

(2.) It is not that anticipatory bail should not be granted in any case, but in exceptional cases, the Court can exercise judicious discretion with circumspection. The Court has to see the facts and circumstances of each case to come to the conclusion that whether such discretion can be exercised or not. In this regard, it is worth to note here the decision of the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra, 2011 1 SCC 694, wherein the Hon'ble Apex Court has observed in the following manner:

(3.) The allegations as could be seen from the first information report is that the petitioners were involved in excavating sand and the police in connection with the same have seized the incriminating materials on the spot itself i.e., sand which was purported to be transported and also the vehicle in which the sand proposed to be transported and thereafter ascertaining who are all the persons involved in the case, the police have registered a case.