SHIVAJOGAPPA ALUR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 438 of Cr.P.C. seeking enlargement of petitioner on anticipatory bail in the event of his arrest in Crime No. 36/2008 of Vidyagiri Police Station.

(2.) THE brief facts of the case are that one Shankaramma W/o. Bhimanagouda Desai and Bhimanagouda S/o. Chidanandappa Desai had preferred a private complaint under the provisions of Section 200 of Cr.P.C. Initially it was registered as P.C. No. 70/2007 and matter was referred to the respondent/Police by the jurisdictional Court. The respondent/Police after investigation had submitted 'B' report.. Aggrieved by the B report, the complainants had preferred a protest petition. The Court below after considering the protest petition was pleased to reject 'B' report and directed the registration of criminal case and the same came to be registered in C.C. No. 365/2012.

(3.) THE petitioner's counsel would submit that the petitioner is aged about 63 years and after retirement, he has shifted his residence to Bangalore in the year 2011. In support of the contention, he has produced a copy of the subscription voucher issued on behalf of the Indian Oil Corporation Ltd., by one of its distributors, by name Viswanath Gas Agency. He would also furnish a copy of the affidavit submitted with the said Vishwanath Gas Agency. He further states that in view of the non service of the summons the petitioner was absent at the hearing and the learned Judge has been pleased to issue a non bilabial warrant and that he came to know about it only now. Hence, he was voluntarily approaching this Court to enable him to appear before the jurisdictional Court by grant of anticipatory bail as he apprehends that the respondent police may detain him and remand him to judicial custody.