G. N. SABHAHIT, J.

( 1 ) THESE two petitions are for anticipatory bail under Section 438 Cr. P. C. An F. I. R. is submitted against the accused for the offences punishable under Sections 324, 325, 327 and 396 I. P. C. In the case of Mahanthagouda, petitioner in Cr. P. No. 94/1978, it is submitted that his name is not to be found either in the complaint or in the F. I. R. which is based on the complaint and so, there is no case made out against him, prima facie, under Section 396 I. P. C. and hence, he should be released on anticipatory bail. As for the other petitioner - Nana-gouda, petitioner in Cr. P. No. 101/1978- it is submitted that though no doubt his name appears in the complaint and the F. I. R. the Assistant Medical Officer, Kallur, has certified that he was under his treatment on 8-12-1977 and that he was advised complete rest. So, the learned Counsel submitted that in all probability, he was not present at the spot and did not participate in the crime. Hence, he submitted that he should also be granted anticipatory bail.

( 2 ) THESE submissions are resisted by the learned High Court Government Pleader. He submitted that the F. I. R. is not an encyclopaedia of events an

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