KHAJIM @ KHAJIMULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner-accused No.3 challenging the order passed by III Additional District and Sessions Judge, Mysuru, in Crl.Misc.No.779/2019 dated 27.9.2019.

(2.) I have heard the learned counsel appearing for the petitioner-accused No.3 and the learned High Court Government Pleader for respondent-State.

(3.) The case made out before the Court below is that accused No.3 has approached the III Additional District and Sessions Judge, Mysuru, for grant of anticipatory bail in Crime No.178/2015 for the offences punishable under Sections 302, 392, 201 r/w Section 34 of IPC. The learned Sessions Judge by order dated 15.11.2017 allowed the petition and released the petitioner-accused on anticipatory bail by imposing certain conditions. The 3rd condition was that the petitioner was not indulged in similar or any offence. As there is a breach of 3rd condition, the State has filed the petition for cancellation of the bail contending that the petitioner-accused has been involved in a case in Crime Nos.84/2019 and 95/2019 of Udayagiri Police Station. The learned Magistrate after hearing both sides has passed the impugned order of cancellation of the anticipatory bail vide order dated 15.11.2017. Challenging the legality and correctness of the impugned order, the petitioner-accused No.3 is before this Court.