IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8509 OF 2018 BETWEEN:
M.B.KULAKARNI S/O BABURAO KULAKARNI AGED ABOUT 68 YEARS R/O NO.5, 3RD MAIN ROAD 3RD CROSS, MANJUSHREE LAYOUT BEHIND MOTHER TERESA SCHOOL T.C.PALYA, BANGALORE – 560 036 ...PETITIONER (BY SRI SHANKARAPPA, ADV.) AND STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE AVALAHALLI P.S.
REP. BY S.P.P.
HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, 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.355/2018 OF AVALAHALLY POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 120B, 201, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.10 in Crime No.
355/2018 of Avalahalli Police Station.
2. The Case of the Prosecution in brief is as follows:
That first accused was in real estate business and he was in the habit of creating documents in respect of the lands where the owners of such lands were not found. Sy.No.52 of Nimbekayipura Village stood in the name of Nanjappa whose whereabouts were not known. Therefore, first accused creating some documents in the name of Nanjappa applied for khatha. However, the concerned Authorities insisted for death certificate of the khathedhar of the land. Therefore, accused Nos.1 to 3 & 5 entered into conspiracy to commit murder of an old aged person and to create death certificate.
Accordingly they secured one Krishnappa, administered him purgative laced liquor which caused health hazardous to said Krishnappa. They took him to Amrutha Medical Centre, where he died. Then impersonating him to Nanjappa they secured death certificate from the petitioner in the name of Nanjappa. In all these process they had involved accused No.11.
On learning about the incident, the wife of accused No.11 protested and threatened to reveal the incident to others. Being scared of the legal consequences if the incident comes to light, accused No.11 committed the murder of his wife and tried to project the incident as a case of his wife committing suicide. During the interrogation in the case of death of his wife, accused No.11 revealed about the murder of Krishnappa. On the basis of the such confessional statement, Avalahalli Police have registered Crime No.355/2018.
3. The allegation against the petitioner is that he has issued the fake death certificate in the name of Nanjappa. During the investigation the Investigating Officer claims to have seized the said death certificate from the possession of accused No.1 The said death certificate purportedly contains the seal of the name and registration number of the petitioner. On that basis he is connected to the crime.
4. Learned counsel for the petitioner submits that the petitioner is a retired medical officer and some body has mis-used his registration number and name. He has not issued any such certificate. He further submits that he is ready to face the investigation and trial if he is released on bail.
5. Learned H.C.G.P. submits that the case is still at the investigation stage and petitioner has issued death certificate in question, therefore he is not entitled for bail.
6. It is not the case of the prosecution that petitioner is party to the murder of Krishnappa. The only allegation against him is that he has forged the death certificate in the name of Nanjappa. Those allegations attract the offences under Sections 465, 468 & 471 of I.P.C. Out of them, the major offence under Section 468 Cr.P.C. which is punishable for imprisonment up-to seven years. The alleged fake death certificate is already recovered. The petitioner is 68 years old. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioner is granted anticipatory bail in Crime No.355/2018 of Avalahalli Police Station, Bengaluru, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR