STATE BY BALEHONNUR POLICE Vs. MANJAPPA BHATTA

JUDGEMENT

(1.) This petition is filed by the State under section 439 (2) of Criminal Procedure Code, 1973 seeking cancellation of the bail order dated 05.11.2016 passed in Crl. Misc. No.907/2016 by the First Additional Sessions Judge, Chikkamagaluru granting anticipatory bail to the accused-respondent in Crime No.111/2016 of Balehonnur Police Station registered for the offences punishable under Sections 420 and 120-B of Indian Penal Code and Section 3 (2)(xi) of SC/ST (Prevention of Atrocities) Act, 1989 and to cancel the said bail order.

(2.) Heard the arguments of the learned High Court Govt. Pleader for the petitioner herein, so also the learned counsel appearing for the respondent-accused.

(3.) Learned High Court Govt. Pleader made a submission that looking to the order of the learned Sessions Judge, there is no discussion made regarding the allegation that the present respondent along with other accused persons instigated to file false case against the complainant. He submitted that even with regard to Section 18 of the SC/ST Prevention of Atrocities Act and maintainability of the petition seeking anticipatory bail, there is no proper discussion made by the learned Sessions Judge. Therefore, learned High Court Govt. Pleader made a submission looking to the allegations made by the complainant in a private complaint there are serious allegations which are serious in nature. The learned Sessions Judge ought not to have entitled bail petition for grant of anticipatory bail. Hence, he submitted the petition be allowed and order passed by the learned Sessions Judge granting anticipatory bail excluding the mandatory provisions under the SC/ST Prevention of Atrocities Act, the bail order be cancelled by allowing the petition.