IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9576/2018 BETWEEN:
L. Chandrashekar S/o late B.V.Lakshmaiah Aged about 60 years Retd., Superintendent of Police (Wireless) R/at No.11, 11th Cross, Avalahalli, Bengaluru-560 026.
(By Sri K.A.Chandrashekara, Advocate) AND:
The State of Karnataka by Cubbon Park Police Station Bengaluru City-560 001 Represented by State Public Prosecutor High Court of Karnataka bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent 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 Crime No.234/2018 registered by Cubbon Park Police Station, Bengaluru, for the offences punishable under Sections 120(B), 420, 467, 468 and 471 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused under Section 438 of Cr.P.C. to release him on anticipatory bail in the event of his arrest in Crime No.234/2018 of Cubbon Park Police Station for the offences punishable under Sections 120(B), 420, 467, 468 and 471 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. This case is taken out of turn because, it is the submission from the Bar that the petitioner/accused is suffering from heart ailment and he has to undergo operation immediately at Fortis hospital, Bengaluru.
4. The gist of the complaint is that when the petitioner/accused was working as Superintendent of Police (Wireless) and was in-charge of the Deputy General and Inspector General of Police (Wireless), misused his power and issued the appointment order to one Santosh and Shivakumar, though the names of the said candidates have been dropped and were not eligible for the post of Police Constable (Wireless). It is further alleged that by fabricating the documents the appointment orders have been issued by conspiring with them by playing fraud and by using the power vested with him and there by he has committee criminal breach of trust and cheated the Government. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner/accused that the petitioner/accused while working as a Superintendent of Police and in-charge of the Deputy General and Inspector General of Police (Wireless) has issued the appointment orders to Santosh and Shivakumar as per the instructions given by the DGP and IGP. It is further contended that the DGP directed the ADGP and as per the oral instructions to consider the matter, as both the candidates were qualified and having a requisite qualification for the said post, the appointment orders have been issued. He further submitted that he has no unblemished service record and had no bad antecedents. Whether the petitioner/accused has committed the alleged offence or not is a matter which has to be considered and appreciated only at the time of trial. He further submitted that both the candidates have approached the KAT for not having allowed them to report for duty. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on anticipatory bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused being the Superintendent of Police (Wireless) has committed fraud and has issued the appointment orders to two candidates whose names have been dropped. She further submitted that the petitioner/accused has misused the power and petitioner/accused is necessary for the purpose of investigation or interrogation to know how many such cases are there as against the petitioner/accused. She further submitted that the petitioner/accused is absconding since from the date of registration of the case. He being the police official, he may avoid the investigation and change the direction of investigation. On these grounds she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. Whether the petitioner/accused has fabricated the documents and issued the appointment orders by misusing his power though the names of the two candidates have been dropped, is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life and the petitioner/accused has worked as Superintendent of Police and if he is directed to assist the investigation and to co-operate with the investigation then it is going to meet the ends of justice.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No.234/2018 of Cubbon Park police station for the offences punishable under Sections120(B), 420, 467, 468 and 471 of Indian Penal Code, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission.
vi) He shall not indulge in similar type of criminal activities.
Sd/- JUDGE *AP/-