SRI. MAHADEVA LAKSHMAN YELIGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under section 438 of Cr.P.C., 1973 for grant of anticipatory bail in Private Complaint No. 111/2017 registered by the respondent under Sections 191, 193, 194, 195, 463, 466 read with Section 34 of IPC.

(2.) The petitioner is the Police Sub Inspector of Hanagal Police Station at the relevant point of time. He conducted part of the investigation in Crime No. 126/2014 and laid the charge sheet against the accused. However, during trial in S.C. No. 28/2015, it transpired that the dying declaration relied on by the prosecution contained an endorsement of the Doctor which appeared to have been obtained subsequent to the submission of the FIR. Hence, the learned Sessions Judge conducted an enquiry into the matter and held that in collusion with the criminal pending clerk of the Civil Judge and J.M.F.C. Court, Hanagal, where the charge sheet was pending for consideration, the Police Constable attached to Hanagal Police Station and the Investigating Officer hatched a plan to make such endorsement as per Ex.P24A and accordingly directed the CAO of the Court of the learned Prl. District and Sessions Judge, Haveri to lodge a private complaint before the jurisdictional Magistrate. Based on this direction, a private complaint was filed before the learned Senior Civil Judge and JMFC, Hangal under Sections 195(1)(b)(i)(ii), 340 read with section 200 of Cr.P.C , 1973who has directed to register the case and to issue summons to the petitioner as well as the other accused persons. At this stage, the petitioner has approached this Court seeking anticipatory bail.

(3.) I have heard the learned counsel for the petitioner and learned HCGP.