( 1 ) THESE criminal petitions have been referred to this Bench to decide"whether filing of the charge-sheet or issuance of warrant by a magistrate would put an end to the power under Section 438 of the Cr. P. C. to grant anticipatory bail?"in the case of Dr. A. Ebenezer v State of Karnataka by S. H. O. Cubbon Park P. S, Bangalore City, Hon'ble Mr. Justice Sreedhar Rao held that after filing of a charge- sheet, the right of accused to seek anticipatory bail gets extinguished.

( 2 ) IN the said case of Dr. Ebenezer, supra, the petitioner had approached this Court invoking jurisdiction under Section 438 of the Cr. P. C. challenging the order of the Trial Court rejecting the application of the petitioner under Section 317 of the Cr. P. C. and issuing NEW against him. In this regard, the learned Judge after interpreting the judgment of the Apex Court in the case of Gurbaksh Singh Sibbia v state of Punjab, disagreed with the view expressed by Full Bench of andhra Pradesh High Court in the case of Smt. Sheik Khasim Bi v state. The learned Judge on consideration of the rival contentions held that, "in the backdrop of the object and purpose of the provisions of anticipatory bail, it does n

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