ANANDA D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused No.1 and 2 in Cr. No. 222/2015 on the file of Hunsur Town Police, registered for the offences punishable u/s. 302 and 109 IPC, have filed this petition under Section 438 of Cr.P.C. to release them on bail in the event of their arrest.

(2.) In the petition, it was contended that they are serving as police constables at Hunsur Rural Police Station. A non -bailable warrant was issued by the Civil Court seeking for presence of the deceased. The petitioners were deputed to secure the presence of the deceased. When the petitioners went to arrest the deceased, the deceased and his mother attacked the police with deadly weapons causing injuries and threatening the petitioners. Further, they have burnt the motor bike of the 1st petitioner. The petitioners went to the Hunsur General Hospital for the first aid. Thereafter, the incident was brought to the notice of the PSI and a case was registered in Cr.No.373/2015 against the deceased and his mother on 29.10.2015. Thereafter, the PSI went along with the staff and apprehended the deceased, took him to Gurupura Out - Post Police Station. Subsequently, he died on 30.10.2015. The doctor has conducted the post mortem and submitted the report. After the death of the deceased, at the behest of CPI, a case in UDR.No.44/2015 has been registered and magisterial enquiry has been conducted. After 15 days of the death of the deceased, the mother of the deceased lodged a complaint through the Central Prison, Mysore. In the complaint she has alleged that the two police constables, PSI and other 13 persons are responsible for the death of her son and has prayed to take action against them. On the basis of the said complaint, a case was registered against the petitioners in Cr.No.222/2016.

(3.) The petitioners claim that they are the law abiding, peace loving and responsible citizens having no criminal antecedents. They are working as police constables at Hunsur Rural Police Station. In order to execute non -bailable warrant issued by the jurisdictional Court, the petitioners went to the Ratnapuri Village. However, the deceased and his mother attacked the petitioners and burnt the motor bike of the 1st petitioner. The incident was brought to the notice of the PSI. Thereafter, the PSI along with the staff apprehended the deceased and his mother. The petitioners are not involved in any of the offences alleged against them. The petitioners are falsely implicated in the case. On the apprehension of their arrest, they had filed Crl.Misc. petition before the VIII Addl. District and Sessions Judge, Mysore, seeking for anticipatory bail in Crl.Misc. No. 2373/2015. The said petition was dismissed on 03.03.2016. Hence, the petitioners have filed this petition seeking for anticipatory bail.