(1.) The petitioner-accused No.5 is before this Court seeking grant of anticipatory bail under Sec. 438 of Cr.P.C. in Crime No.265/2017 of Kumbalagudu Police Station, registered for the offences punishable under Ss. 399 and 402 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri. K.T.Ankaraj, Assistant Sub Inspector.
(2.) Heard Sri. Mahesh S.N., learned Counsel for the petitioner and Sri. H.S.Shankar, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.5. He has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. There is reasonable apprehension, of he being arrested and therefore, he is before this Court. The A.S.I of Kumbalagudu Police Station registered the First Information Report against accused Nos.1 to 5. Only accused Nos.1 and 2 were apprehended at the spot. It is stated that accused Nos.3 to 5 have run away from the scene of the occurrence. There is absolutely no material against the petitioner for having committed any of the offences. The charge sheet is already filed. The petitioner is not required for custodial interrogation. He is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.