NITHIN SHETTY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petition coming on for orders is considered for final disposal at the preliminary stage itself. The learned Government Pleader is directed to take notice to the respondents.

(2.) It is the case of the petitioner that the respondent - Police, on the basis of a complaint, had registered a case in Crime No. 259/2014, for offences punishable under Sections 324, 327 read with Section 34 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC, for brevity). The Principal Sessions Judge, Dakshina Kannada District had granted bail under Section 439 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the 'Cr.PC, for brevity) vide order dated 3.3.2015. However, on 21.11.2015, the respondent - Police had submitted a report before the Court below stating that the petitioner has involved in yet another criminal case and therefore, had registered a FIR against the petitioner in Crime No. 328/2015 for offence punishable under Sections 153A(3), 259, 427 read with Section 34 of the IPC and under Section 2(B) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 and therefore, the petitioner had violated the bail condition imposed and requested the Court below to cancel the bail granted earlier in favour of the petitioner.

(3.) It is noticed that initially, the bail application of the petitioner was registered as a Miscellaneous Case No. 161/2015 and by virtue of the order passed dated 3.3.2015, that the proceeding was disposed of with certain conditions. One of the conditions being that the petitioner shall not indulge in any criminal activity. If he had indeed involved in any act and if that report was filed before the Court below, it was necessary to number the proceedings independently as a Miscellaneous Case in terms of Chapter X of the Karnataka Criminal Rules of Practice, 1967, under Rule 1 and in respect of which, a separate Register is also maintained in the Court below and it was necessary for the petitioner to be placed on notice as to why bail ought not to be cancelled. In the circumstances, without affording an opportunity of hearing to the petitioner, to have mechanically allowed the prayer of the respondent - Police in cancelling the bail results in a miscarriage of justice. Therefore, the cancellation of the bail and the order directing remand of the petitioner to custody is set aside. Insofar as the report filed by the Police is concerned, is directed to be registered as a miscellaneous proceeding and notice to be issued to the petitioner in the first instance to show-cause as to why the bail ought not to be cancelled and after affording an opportunity of hearing to the petitioner, appropriate orders may be passed by the Court below.