NON-REPORTABLE    IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1298 OF 2017 (Arising out of S.L.P.(Crl.) No.9813/2016)

R.MADHUSUDHAN ...Appellant

                 VS.

STATE OF KARNATAKA & ANR.  ...Respondents     WITH

CRIMINAL APPEAL NO.1299 OF 2017 (Arising out of S.L.P.(Crl.) No.9845/2016)

              J U D G M E N T

KURIAN, J.

1. Leave granted. 2. The appellants before this Court were aggrieved by the denial of anticipatory bail.  They are the accused in Crime No.280/2015 and Crime No.169/2015 before the Court of  II  Additional  City  Civil  and  Sessions  Judge  at Bangalore,  who  by  orders  dated  2nd July,  2015  and  20th

July, 2015 granted anticipatory bail to them.  However, the High Court has taken the view that in view of the mandate  under  Section  18  of  the  Scheduled  Castes  and Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989, the Trial Court should not have granted the anticipatory bail.  However, while admitting these cases, the order

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has been stayed and the appellants have been continuing under the protection granted by the Trial Court. 3. We  are  informed  that  the  investigation  has  been completed and the charge sheet has been filed.  It is now for the appellants to appear before the Trial Court and seek regular bail. 4. Learned  counsel  appearing  for  the  appellants submits that they have been at large on bail for the last two years and they never misused the bail granted to them and  they  have  fully  cooperated  with  the  Investigating Officer.   All  these  contentions  are  available  to  the appellants to be taken before the Trial Court while it considers the application for bail. 5. The appeals are disposed of with a direction to the appellants to surrender before the Trial Court within a period  of  one  month  from  today.   On  the  date  of surrender, application for bail shall be considered and orders be passed on the same day.  We make it clear that we have not considered the matter on merits and it is for the Trial Court to pass orders on the merits.

.........................J.                 [KURIAN JOSEPH]              

.........................J.      [R.BANUMATHI]                

New Delhi; August 1, 2017.

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