RAJESH WALIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed u/s. 482, Cr. P. C. to quash the order dated 5-3-1997 passed by the Court of the VII Addl. C. M. M. Bangalore, in Crime No. 55/97 issuing non-bailable warrant, against this petitioner. Notice of this petition is served on the learned S. P. P.

(2.) HEARD. The learned Counsel for the petitioner submitted that the offences alleged against the petitioners are under Sections 341, 323 and 506, IPC. All these offences are bailable. Accordingly the learned Magistrate was pleased to release them on bail accepting cash surety offered by the accused persons. He has not imposed any conditions nor he has given any date for the accused to appear before the Court. The charge-sheet has not yet been filed. But it appears the learned Magistrate has taken up the case on 5-3-1997 and directed to issue non-bailable warrant against the petitioner. The said order is questioned in this petition.

(3.) THE learned Counsel for the petitioner submitted that the order passed by the learned Magistrate without assigning any specific reason to issue non-bailable warrant is illegal. He further submitted that no date was given to the accused to appear and therefore the accused did not appear.