CHANDRA Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.4 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 120(B), 109, 143, 147, 148, 150, 506(B), 302 r/w Section 149 of IPC registered in respondent-police station Crime No.238/2012.

(2.) The trial Court has cancelled the bail granted to the petitioner invoking Section 439(2) of Cr.P.C. in S.C.No.428/2013 by order dated 3.11.2017 and remanded the petitioner to the judicial custody.

(3.) Brief facts as pleaded in the petition are that, petitioner is accused No.4 in Crime No.238/2012. In respect of the incident dated 20.11.2012, petitioner was arrested on 22.11.2012 and remanded to judicial custody. This Court in Cr.P.No.8861/2016 granted bail to the petitioner by order dated 6.12.2016 and since then, he has been regularly attending the Court by complying with the conditions imposed. On 21.9.2017, prosecution filed an application under Section 439(2) of Cr.P.C. contending that C.W.33 Sri.K.Dhruvakumar, an advocate practicing at Bangalore appeared before the trial Court in pursuance of summons issued to him and submitted that he received threat from mobile bearing No.8123784483 through a person by name Ramesh who is also a witness in the case. Submission of the witness was referred to Jurisdictional police and consequently, a case in crime No.149/2017 was registered for the offence punishable under Section 195(A) of IPC. Police also produced CD's said to be the conversation of Ramesh with C.W.33 Sri.K.Dhruvakumar. Petitioner has filed objection statement and after hearing both sides, the trial Court allowed the application and canceling the bail granted to the petitioner.