Apprehending arrest in Crime No.131/2021 of Old Hubballi Police Station registered for offences punishable under Sections 454, 457 and 380 of IPC., the present petition is filed by the petitioner under Section 438 of Cr.P.C.
2. The learned Sessions Judge vide order dated 10.01.2022 in Criminal. Misc. No.5004/2022 has rejected the said petition filed by the petitioner under Section 438 of Cr.P.C. It is observed therein that nothing is alleged against the petitioner in this case and nothing is there to believe that the Police may arrest him in this case.
3. The case of the prosecution is that some unknown persons committed theft of 6 buffaloes belonging to the complainant on the night intervening 22.08.2021 and 23.08.2021. During investigation, 4 persons came to be arrested. The petitioner is not shown as an accused insofar as the present crime is concerned. Further there is no notice issued by the Police to the petitioner to participate in any enquiry. In the statement of objections filed by the learned prosecutor before the trial Court, it is clearly stated that there is no criminal case registered against the petitioner at Old Hubballi Police Station.
4. In the above facts and circumstances it cannot be said that there is a reasonable apprehension of arrest for the petitioner. Therefore the petition is dismissed reserving liberty to the petitioner to approach the Sessions Court if he is shown as an accused in the present case. (Sd/-) JUDGE