STATE OF KARNATAKA Vs. ASWATHAPPA

JUDGEMENT

(1.) Three days short of a year back, the respondents were granted anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (for short the Code) in Criminal Miscellaneous Case No. 149 of 1987 on the file of the Sessions Judge, Bangalore Rural District, Bangalore, by order dated 2 1-11-1987 subject to the conditions that (a) they shall execute a bond for Rs. 10,000/-each with two solvent sureties for a like sum in respect of each of them; (b) they shall not tamper with the prosecution evidence and (c) they shall attend Nandagudi Police Station once in a fortnight preferably on a Sunday for a period of three months or until the charge sheet is filed, whichever is earlier.

(2.) Feeling aggrieved by the said order, the State represented by Special Public Prosecutor specifically appointed for the conduct of the case on hand has filed this petition under Section 439 (2) read with Section 482 of the Code praying that the impugned order may be cancelled in the interest of justice for the grounds set out in the petition.

(3.) The respondents herein and one other person by name Kadirappa were petitioners 1 to 3 respectively and the petitioner herein was the respondent in Criminal Misc. Case No. 149 of 1987. For the sake of convenience, reference, will hereinafter be made to the parties to this petition with reference to the position they respectively occupied in the Sessions Court.