IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.5381/2017 BETWEEN:
MR.DEVARAJ HEGDE AGED ABOUT 45 YEARS S/O LATE MARIDOLLAIAH 55, 1ST FLOOR ‘A’ GROUP, KANDAYANAGARA ANNAPOORNESHWARI NAGAR BANGALORE – 560 018. …PETITIONER (BY SRI BALARAM L., ADV.) AND:
THE STATE OF KARNATAKA BY COTTONPET POLICE STATION BANGALORE – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.126/2017 OF COTTONPET POLICE STATION, BANGALORE FOR THE OFFENCES P/U/S 182, 420, 465, 464 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner apprehends arrest by the respondent-police in their Cr.No.126/2017 registered in respect of the offences under sections 182, 420, 465, 464 of IPC.
3. The allegation is, the petitioner working as Second Division Assistant in the complainant company did not forward the application given by a candidate seeking employment on compassionate ground though the said application was given on 25.7.2016. On verification, it was found that he had forged the signature of the complainant in a document and delayed forwarding of the application for one year etc.
4. Learned counsel for the petitioner submits that the application was received from the candidate on 25.7.2016, the Section Officer signed on the said application on 28.7.2016 and the complainant was yet to be forwarded to the Office of the Commissioner of Police. In the meantime, on 6.9.2016 the petitioner met with traumatic vehicular accident and suffered head injury. He was hospitalized for some time for kidney stones. After the surgery, he reported to duty in the month of April 2017 and was posted at Tapal section and thereafter he was shifted to his original duty as Second Division Assistant. Then he found that the application given by the candidate was still there and was not forwarded. The same was brought to the notice of the complainant. The complainant to shift her vicarious liability, has lodged a false complaint. There is no intentional omission or commission on the part of this petitioner in the alleged offence. If anticipatory bail is granted, he will appear before the Investigating Officer and co-operate with the Investigating Officer during the course of examination.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.126/2017. He shall forthwith appear before Investigating Officer. In that event, the respondent-Investigating Officer is at liberty to interrogate him. In the event of his arrest, he shall be enlarged on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum. He shall co- operate with the respondent-Investigating Officer during further course of investigation.
In view of the disposal of the main petition, I.A.1/17 does not survive for consideration and accordingly it is disposed of.
Dvr:
Sd/- JUDGE