BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 438 of the Cr. P.C for grant of anticipatory bail.

(2.) The India Police had registered a case in Crime No. 149 of 1996 for an offence punishable under Sec. 302 of the Indian Penal Code in respect of a murder that had taken place on 12-8-1996. At that point of time, the offender was not known. In the course of investigation in Crime No. 150 of 1998 of Sindgi Police Station, one Syed Kamble was arrested on 9-5-1998 and during his interrogation he revealed that himself along with the present petitioner had committed the offence in Crime No. 149 of 1996. It is also stated that in respect of Crime No. 149 of 1996, the Police had filed a "C" report on 7-7-1998 and that the Judicial Magistrate First Class, India, has accepted the said report on 23-1-1999. The order relating to the 'C' report is mentioned in the application submitted by the Circle Inspector of Police to the Judicial Magistrate First Class, Indi, the photostat copy of which is produced for perusal.

(3.) The Act of filing of 'C' report by the investigating Officer and equally the judicial order of the Magistrate accepting the 'C' report and closure of the case per se, illegal. In view of the relevant provisions contained in Cr. P.C. relating to the investigations and filing of final reports.