U.L. Bhat, C.J. -- 1. This is an application for anticipatory bail under section 438 Cr.P.C. filed by two accused in a private complaint alleging commission of offence under section 302 I.P.C read with Sec. 34 I.P.C. The learned Single Judge who admitted the petition directed issue of notice to the State and further directed that in the meantime the applicant shall not be arrested until further orders. One of us (Bhat, C.J.) who heard the matter at a subsequent stage doubted the maintainability of the application and also the legality of the interim order and referred the matter to a Division Bench. The Division Bench was of the opinion that the latter should be examined by a Full Bench and accordingly reference has been made. That is how the matter has come before us.

2. The police registered a case against two accused on the information furnished by the complainant. After investigation, charge-sheet has been filed against the two accused. Thereafter, the first informant filed a private complaint before the Court concerned alleging that he had laid information with the police against seven persons, but information was recorded only against two persons and this was done so to h