DEVARAJA D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in Crime No.164/2023 registered by Davanagere Rural Police Station, for offence punishable under Ss. 109 and 302 R/w 34 of IPC, is before this Court under Sec. 438 of Cr.P.C., seeking anticipatory bail.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint lodged by Smt.K.R. Latha W/o Harish Halli, dtd. 28/5/2023, Davanagere Rural Police had registered F.I.R., in Crime No.164/2023 for the aforesaid offence against petitioner and four others. It is alleged in the complaint that at about 1.00 am on 28/5/2023 the accused persons who are Police Officers had taken the husband of the complainant from his house and murdered him. Complainant has stated that she had received a phone call at about 4.30 am stating that her husband was admitted in the hospital and his condition was serious. She suspected hand of the accused persons in the death of her husband, accordingly, has lodged a complaint, which had resulted in registering F.I.R. in Crime No.164/2023 against the accused persons, who are the Sub Inspector of Police and Constables working in Gandhinagar Police Station, Davanagere. Apprehending arrest in the said case, petitioner has filed application under Sec. 438 of Cr.P.C., before the Court of I Additional District and Sessions Judge at Davanagere, Davanagere in Crl.Misc.No.622/2023 and same was dismissed on 23/6/2023. It is under these circumstances, petitioner is before this Court.