V S NORTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under S.458 of the Code of Criminal Procedure ("the Code" for short). Petitioner 1 is a Head Constable bearing Buckle No. 178, while petitioners 2, 3, 4, 5 and 6 are Constables (Members of State Police Force).

(2.) It is the case of the prosecution, as is seen from the record, that the petitioners were attached to Ranebennur Police Station at the material time and that they committed murder of one Guddappa who had been taken to the Police Station at Renebenner on 20-10-1988 as a suspect in a case registered in Crime No. 68 of 1988 in the said Police Station.

(3.) The petitioners along with one other arraigned as co-accused with them approached the Principal Sessions Judge, Dharwad, in Criminal Miscellaneous petition No. 308 of 1988 for a direction under S.438 of the Code to release them on bail in the event of their arrest. The learned Principal Sessions Judge by the order dated November 29, 1988 rejected their petition. The petitioners have renewed their request in this petition.