VASANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) petitioner is one of the several accused in crime No. 158/90 registered at chittakula police station in u.k. district for offences punishable under sections 143, 147, 148, 324, 326, 302 and 427 read with Section 149 IPC. The said case is still under investigation. The prosecution has been able to apprehend only 3 out of about 20 to 25 persons mentioned as the persons who had committed the above mentioned offences in the evening of 7-11-1990 as the other accused persons including the petitioner are keeping themselves out of the reach of the police.

(2.) apprehending his arrest and detention in custody in crime No. 158/90, the petitioner filed an application under Section 438 cr. P.c. for anticipatory bail in the court of the sessions judge, u.k. district at karwar (for short 'the sessions judge'). It was registered as cr. Misc. No. 27/90. By order dated 21-11-1990, learned sessions judge has rejected the prayer of the petitioner by accepting the prosecution version that the petitioner is likely to abscond and even indulge in similar acts of violence alleged against him having regard to the fact that he is a very influential person and he is the driving force behind the offences committed by bootleggers in that area.

(3.) therefore, the petitioner has approached this court with a fresh bail petition under Section 438 cr. P.c. for anticipatory bail.