(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 Kumbalugodu 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. Channappa Erappa, learned High Court Government Pleader for the respondent-State. Perused the materials on record.
(3.) Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.5. He has not committed any of the offences as alleged. He has been falsely implicated in the matter without any law. The petitioner had approached this court by filing Crl.P.No.10103/2022 and the same was allowed vide order dtd. 5/1/2023. However, by mistake Crime number is wrongly mentioned by the petitioner as Cr.No.209/2020 of Magadi sub division, Kumbalagudu police station, instead Cr.No.265/2017. Therefore, the petitioner could not be released on bail. Since the matter was already considered on merits and the petitioner was held to be entitled for grant of anticipatory bail, he prays to allow the petition.