THIMMAIAH T N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition arises out of an order dated 17-11-1977 made by the Taluka-Magistrate, Madhugiri in Case No. C. MIS. 9/77-78 directing the petitioners herein who were respondents 2 and 5 before the court below and 17 others to execute interim bonds with sureties for Rs. 500 for good behaviour till the conclusion of the case

(2.) The facts relefant for the disposal of this petition may be stated as under: The Sub-Inspector of Kodigenahally sent a report along with the F.I.R. against these petitioners and 17 others (who will be hereinafter referred to as the respondents) on 22-7-1977 to the court of the Tahsildar and Taluka Magistrate, Madhugiri to take action under S. 107 Cr.PC. (shortly called the 'Code'). The Executive Magistrate directed notice to be issued to the respondents directing them to appear on 24-8-1977. On 24-8-1977, some of the respondents appeared. The sworn statement of the Sub-Inspecttor of Police was recorded. In the sworn statement, the Sub-Inspector of Police prayed for initiating proceedings against the respondents under S. 107 and also obtain interim bonds under S. 116(3) of the Code. Thereafter, the case was adjourned to 14-9-1977 for orders on adinterim bond. On 14-9-1977 when the case called some of the respondents appeared. On that day, the Magistrate made the following order in the order sheet:

(3.) On 17-11-1977 the Magistrate made an oider directing the respondents to execute interim bonds which reads thus :