MANGALPADY NARESH SHENOY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner in this writ petition calls in question the Government Notification dtd. 21/12/2016 issued under sub-sec. (8) of Sec. 24 of the Code of Criminal Procedure appointing one Sri Ravindranatha Kamath / respondent No.5 herein as Special Public Prosecutor and all further proceedings taken up thereto.

(2.) Shorn of unnecessary details, facts germane for consideration of the lis are as follows:-

(3.) During the course of investigation three persons were arrested and based on their statements the petitioner was also arrested. The respondent/Police after investigation filed a charge sheet and additional charge sheet implicating the petitioner for the offences punishable under Sec. 302 of the IPC. The petitioner apprehending arrest appears to have filed anticipatory bail application in Criminal Miscellaneous No.399 of 2016 which was rejected on 29/4/2016 and thereafter, the petitioner approached this Court in Criminal Petition No.3400 of 2016 seeking anticipatory bail. In the said criminal petition, respondent-5/Ravindranath Kamath appeared on behalf of the father of the deceased. He also opposed the bail application filed by the petitioner on behalf of 6th respondent/father of the deceased. This Court by order dtd. 9/6/2016 rejected the bail application filed by the petitioner. Thus, it appears, that the Apex Court also declined to interfere with the said order.