I Y CHANDRA EARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Criminal Petition presented under Section 438 of the Code of Criminal Procedure ('the Code' for short), which is referred to a Division Bench under Section 9 of the Karnataka High Court Act, 1961, the following three questions of law arise for consideration :

(2.) The facts of the case, in brief, are these: The petitioner made an application under Section 438 of the Code before the Session Judge, Coorg District, seeking anticipatory bail stating that he was falsely implicated in a murder case and he was likely to be arrested by the Police and subjected to harassment and humiliation.

(3.) The learned Sessions Judge rejected the application by order dated 28-12-1988. Thereafter, the petitioner has presented this petition under Section 438 of the Code seeking anticipatory bail and the matter was posted before Shivashankar Bhat. J.