STATE OF KARNATAKA Vs. B.D. SANDEEPA

JUDGEMENT

(1.) The State of Karnataka represented by Arkalgud police station has filed this application under Section 439(2), Cr.P.C. requesting this court to cancel bail granted to the respondent-accused by the Principal Sessions Judge, Hassan, in Crl.Misc. No.324/15 on 23.4.2015. Respondent will be referred to as accused in view of his ranking before the sessions court.

(2.) The learned sessions judge has allowed the application filed under Section 439, Cr.P.C. and has chosen to grant bail to the accused. The facts leading to the filing of the application under Section 439(2), Cr.P.C. are as follows:

(3.) Several grounds have been raised by the State seeking cancellation of bail in this petition. It is contended that the learned judge has not properly considered the materials placed on record for the purpose of disposing of the bail application. It is contended that the learned judge has improperly exercised the jurisdiction vested in the court under Section 439, Cr.P.C. It is argued that though the case is based on circumstantial evidence, the circumstances are strong enough to indicate the involvement of this petitioner. It is argued that the statements of witnesses who had seen the accused coming to the village and being in the house of the deceased could not have been so easily while considering the bail application.