Y A NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard.

(2.) Shri. M.T.Nanaiah, learned senior advocate appearing for the petitioners submits that by order dated 07.09.2018, the 8th A.C.M.M., Bengaluru, has issued non-bailable warrant to accused Nos.1 to 25 therein. Petitioners No.2 to 22, have surrendered before the trial Court and obtained bail. Petitioner No.1 is a sitting member of the Legislative Council and has not surrendered as on date. He submits that without issuing a summon, the learned Magistrate has ordered issuance of NBW and the same is contrary to law laid down by the Apex Court.

(3.) Sri H.S.Chandramouli, learned SPP-I appearing for the State adverting to the charge sheet submits that in column No.2, it is shown that accused No.1 is absconding and accused No.2 is not arrested. He further submits that it is clearly mentioned in the charge sheet that accused Nos.1 to 25 have not been arrested. However, CMO of the trial Court has recorded in the order sheet that accused Nos.1 to 25 are absconding and therefore, the same may have resulted in the issuance of non-bailable warrant. He submits that so far as the records submitted by the police are concerned, they have not declared the said accused as absconding.