IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3011/2019 BETWEEN:
CHETHANA C D/O. CHENNAIAH AGED ABOUT 23 YEARS R/AT. NO.14/1, 7TH CROSS GANDHINAGAR MANDYA – 571 401 ... PETITIONER (BY SRI H.MOHAN KUMAR, ADV.,) AND:
THE STATE OF KARNATAKA BY HALASURUGATE POLICE STATION REPRESENTED BY P.P HIGH COURT COMPLEX BANGALORE – 560009 (BY SRI HONNAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.52/2019 OF HALASURGATE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 420, 465, 468 AND 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner, the learned HCGP for the respondent-State and perused the records.
2. The case of the prosecution is that the petitioner has applied for the post of peon in Bengaluru Rural District Court and she has produced her 7th Standard marks card which is a qualified examination required for appointment to the post of peon and she was a successful candidate and got selected in the interview. Thereafter, she has produced the certified copies of the marks card and also the marks uploaded by her at the time of submitting the application were sent for the purpose of verification to the competent authorities to ascertain the genuineness of the documents. The competent authorities after verification found that the documents which are produced by the petitioner and the marks uploaded by her in the application were not genuine and it does not tally with the original. On the basis of which, the complaint has been registered against the petitioner under Sections 420 and other alleged offences i.e., 465, 468 and 471 of IPC and the Investigation is in progress.
3. It is seen from the records that the authorities themselves have issued the certified copies which was produced along with the complaint and alleged to have produced by the petitioner at the time of filing the application. The documents are already submitted to the investigating officer. There is no custodial interrogation required as the petitioner is a lady and she is entitled to be enlarged on bail with stringent conditions to assist the investigation officer as and when required. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.52/2019 of Halasurgate Police Station, subject to the following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and she shall execute her personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE HJ