IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.716 OF 2019 BETWEEN:
SMT. LEELAVATHI D/O. MONAPPA K.C.
RESIDING AT HOUSE NO 15/6 NEAR RAJA SEAT, WARD NO 2 MADIKERI TOWN KODAGU DISTRICT-571 201. ... PETITIONER (BY SRI. VEERANNA G.TIGADI, ADV.,) AND:
STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE, MADIKERI TOWN POLICE STATION MADIKERI, KODAGU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI. VIJAYA KUMAR MAJAGE, ADDL.SPP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO.97/2016 OF MADIKERI TOWN P.S, KODAGU FOR THE OFFENCE P/U/S 465, 466, 468, 471 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Accusations against the petitioner are that by forging B.Com degree certificate and other relevant documents, she obtained an appointment in District Child Labour Planning Society.
2. Learned counsel for the petitioner submits that the material documents are in the possession of the employer, therefore, there cannot be any apprehension of the petitioner tampering with the said documents. Petitioner is a lady. She is ready to co-operate in the investigation and to furnish her specimen hand writing for the purpose of investigation and further submits that the allegations made against the petitioner are not punishable with death or life imprisonment. Hence, seeks for the release of the petitioner.
3. Learned Additional SPP has seriously opposed the application and contended that having regard to the nature of the allegations made against the petitioner, the custodial interrogation of the petitioner is necessary and further the petitioner having failed to respond to the notice issued under Section 41-A (1) of Cr.P.C, she is not entitled for any discretion any relief under Section 438 of Cr.P.C.
4. On going through the FIR, it is seen that the alleged offence has taken place in the year 2011. On detention of the said offence, petitioner has already been discharged from service and criminal prosecution has been initiated against the petitioner. There are allegations against the petitioner that she fabricated false degree certificate. In order to substantiate the said charge, the specimen hand writing and thumb impressions of the petitioner is necessary. But, as the petitioner has undertaken to furnish the said specimen to the Investigating Officer, no prejudice would be caused to the prosecution, if petitioner is enlarged on bail. Accordingly, petition is allowed subject to the following conditions:-
i) Petitioner is directed to appear before the Investigating Officer within ten days from the date of this order and shall give her specimen hand writing, thumb impressions and all the documents in her possession as sought for by the Investigating Officer and in such an event, the Investigating Officer shall enlarge the petitioner on the same day taking a bond from the petitioner in a sum of Rs.1 lakh with two sureties for the likesum.
ii) Petitioner shall appear before the Court and Investigating Officer as and when necessary and shall not threaten or allure prosecution witnesses.
It is made clear that in the event, the petitioner fails to give her specimen hand writing and finger prints as well as the material documents in her possession, the Investigating Officer is at liberty to produce the petitioner before the Court on the same day and take further orders in the matter.
Sd/- JUDGE VMB