UDAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 to 4 under Section 438 of Cr.P.C. seeking a direction to the respondent - Police to release them on bail in the event of their arrest.

(2.) Brief facts of the case as per FIS is as under;

(3.) The learned counsel for the petitioners argued that there is no prima facie case is made out in the FIS. Further submitted that on earlier occasion the petitioners have submitted a representation addressing to the Deputy Commissioner stating that the complainants were trying to destroy the existing water tank and intending to put up some construction. Therefore, to prevent that, they have submitted the representation. Being enraged with this, in retaliation, the first informants have lodged the present false first information statement (FIS) with a malafide intention and it does not depict any prima facie case so as to proceed under the provisions of the Act. Further submitted, that now the investigating officer has filed the charge sheet and in the gist of the charge sheet, story of the prosecution entered is totally different as that of the averments in the FIS. Therefore, argued with reference to the prosecution case made out in the charge sheet besides arguing that there is an improvement and there is a complete deviated stand as that of the FIS.