LAWS(KAR)-2013-12-37

RAJEGOWDA Vs. STATE BY PANDAVAPURA POLICE

Decided On December 31, 2013
RAJEGOWDA Appellant
V/S
STATE BY PANDAVAPURA POLICE Respondents

JUDGEMENT

(1.) AS both these petitions pertain to one Crime No.398/2013 on the file of Pandavapura Police Station, they are taken up together for final disposal.

(2.) THE petitioners are accused in these two petitions filed for the offences punishable under Sections 143, 147, 148, 341, 324, 504, 307 R/w. Sec. 149 of IPC. The petitioner in Criminal Petition No.7662/2013 has filed a petition under Section 439 of Crl.P.C. as the petitioner is in judicial custody. Petitioners in Criminal Petition No.7663/2013 are apprehending arrest at the hands of respondent - Investigating Officer and hence they have filed a petition seeking Anticipatory Bail under Section 438 of Cr.P.C. They had approached the learned III Additional District & Sessions Judge, Mandya Sitting at Srirangapatna and the said applications have been rejected by a considered common order dated 25.11.2013 in Crl. Misc. No.5285/2013 and 5284/2013.

(3.) LEARNED Government Advocate has vehemently opposed the petitions contending that prima facie case is made out for offences punishable under Sections 307 read with 149 IPC and if they are released on bail they are likely to commit the said offence.