MR. DINESH GOWDA Vs. THE STATE

JUDGEMENT

(1.) The petitioners have directly approached this Court u/s.438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No.302 of 2015 on the file of the respondent Police, for the offence punishable under sections 506, 120-B, 420, 376 and 307 of IPC. Subsequently, the same has been culminated in CC No.3254/2016, after filing of the charge sheet for the above said offences.

(2.) The petitioners Dinesh Gowda and Srinivasa Gowda, are arrayed as A2 and A3 in the above said crime/case. The records also disclose that A1 has already been released on bail u/s.439 of Cr.P.C. by this Court in Criminal Petition No.1144/2016.

(3.) Before adverting to the factual matrix of this case and to ascertain as to whether the petitioners are entitled for grant of anticipatory bail or not; a serious legal question has been raised before this Court by the learned High Court Government Pleader that the petitioners without exhausting the remedy u/s.438 of Cr.P.C. before the jurisdiction Sessions Court, has directly approached this Court. Therefore, the petition is not maintainable and the petitioners have to be relegated to the Court of Sessions first and then they can approach this Court. In this background, the legal question that arises for consideration of this Court is that