HIRIYANNA SUVARNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned counsel for the appellant refers to some documents marked Annexures 'C', 'D' & 'E' in support of the grounds taken in the appeal preferred against the order of the court below rejecting the appellant's application under Sec. 438 of Cr.P.C. It appears that these documents were not produced by the appellant before the court below. This is an appeal, the appellant cannot produce documents which were not produced before the court below. If these documents had been produced, the court below would have taken a different view. Therefore the appellant is given liberty to file a fresh application for anticipatory bail by producing the documents that he has produced in this appeal.

(2.) The court below is hereby directed to apply mind in regard to existence of prima-facie materials in the light of the documents that the appellant has referred to. With these observations the appeal is disposed of.