STATE OF KARNATAKA Vs. MANJUNATH MADEVAPPA BADIGER

JUDGEMENT

(1.) The State representing the complainant-Police have preferred this petition under Section 439(2) of Code of Criminal Procedure (henceforth for brevity, referred to as 'Cr.P.C.'), 1973 seeking cancellation of the order of anticipatory bail passed in favour of the present respondents by the Court of Prl. District and Sessions Judge, Uttara Kannada, District Karwar (henceforth for brevity, referred to as 'Sessions Court') in Crl.Misc.No.275/2016 and dated 27.10.2016.

(2.) It is contended by the petitioner/State that, without appreciating the material available on record, the Court below in a routine manner granted the relief of anticipatory bail to the accused, in which process, it has ignored the mandate of law under Section 18 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth for brevity, referred to as 'SC/ST (POA) Act').

(3.) Notice was ordered to the respondents/ accused, who despite service of notice, remained absent. Since the respondents remained unrepresented and absent, this Court appointed Smt. Anuradha Deshpande, learned counsel as Amicus Curie.