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2017 Supreme(Kar) 170

P.S.DINESH KUMAR
Rachappa @ Rajappa S/o Madanaika – Appellant
Versus
State of Karnataka By Hanuru P. S. , By State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Shiva Prasad Y.S.
For the Respondent: Sri. K. Nageshwarappa

ORDER :

After arguing the matter for sometime, Sri. Y.S. Shiva Prasad learned counsel for the petitioners seeks leave of this Court to withdraw this petition on behalf of petitioner No.2 herein (accused No.4).

2. His submission is placed on record. This petition stands dismissed as withdrawn as against petitioner No.2 (‘Chandra’).

3. Learned counsel for the petitioners submits that, in a land dispute between the two families, the police have registered a false case against four accused persons. Accused No.1 and 2 have already been granted bail in a petition filed under Section 438 Cr.P.C, before the learned Sessions Judge, Chamarajanagara in Crl.Misc.No.5244/2016 vide order dated 15.12.2016.

However, the petition filed by the petitioners herein has been dismissed by the learned Sessions Judge. Hence, this Petition.

4. On merits, learned counsel for the petitioners submits that all allegations are false and on the ground of parity as accused No.1 and 2 have already been granted bail, this petition may also be allowed and petitioner No.1 be granted anticipatory bail.

5. Per contra, Sri. K. Nageshwarappa, learned High Court Government Pleader opposing the petition submits that petitioner No














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