BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BEING aggrieved by the order of the Principal Sessions Judge, Gulbarga, dt. 20-3-97 in Crl. R. P. No. 6/96 setting aside the order of the Prl. J. M. F. C. , Gulbarga, D/-12-12-95 in Crime No. 205/95 of Brahampur Police Station, cancelling the bail granted in favour of the petitioner, he has filed this petition under section 482, Cr. P. C.

(2.) THE brief facts of the case are : On the complaint of one Nagamma, the Brahampur Police registered a case in Cr. No. 205/95 for the alleged offence under Ss. 498-A and 306, IPC. The petitioner was remanded to custody on 9-10-95. As the charge-sheet was not filed within 60 days from 9-10-95 on the application of the petitioner, under Section 167 Cr. P. C. the learned Magistrate was pleased to release him on 12-12-95 and the charge-sheet came to be filed on 13-12-95. This order was questioned before the learned Sessions Judge by the State. The learned Sessions Judge by his order dt. 20-3-97 set aside the order and directed the Magistrate to take the petitioner into custody. This order is questioned by the accused/petitioner in this Court.

(3.) HEARD the learned Counsel for the petitioner and the learned H. C. G. E. for the State.