SANTHOSH MUNCHURU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner herein is arrayed as accused in the FIR registered by the respondent-police herein in respect of the offence punishable under Sections 143, 147, 148, 341, 323, 324, 506, 307 R/w. 149 IPC. During the course of investigation he was arrested and later released on bail in Crl. Misc. 681/2015 dated 30.7.2015 subject to the conditions. One among them was to give attendance before the concerned police on every Saturday between 10 am to 5 pm for a period of 6 months or till the filing of the charge-sheet whichever is earlier. Subsequently, Police Sub-Inspector of Suratkal Police Station filed an application listing other cases in which he is involved and also alleged that he is not appearing before the police station on every Saturday thereby violated the condition of bail order. The office put up the said application in C. Misc. 681/2015. After hearing the Counsel for the petitioner, learned Judge has cancelled the bail.

(2.) Sri. M. Arun Shyam, learned Counsel appearing for the petitioner submits that the learned Sessions Judge violated the procedure contemplated under Chapter-V of The Criminal Rules of Practice while entertaining the petition filed by the PSI. Said application ought to have been registered separately and notice ought to have been issued to the petitioner. The Advocate on record who appeared in C. Misc. 681/2015 had become functus officio to represent in the subsequent proceedings. The vakalat executed by the petitioner's Counsel was only in respect of C. Misc. 681/15 but not any further. Petitioner since was arrayed as an accused in Cr. No. 85/2015 by the very same police, apprehended that he may be arrested and had anticipatory bail before the Sessions Court. That is why he reasonably doubted that if he appears before the police station he may be arrested. In fact, last time he appeared before the police station on 15.11.2015 and the petition was filed on 21.11.2015, There was no willful violation of condition imposed on him while granting bail.

(3.) Learned High Court Govt. Pleader does not dispute the procedure to be adopted by the trial Court was erroneous.