IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.9183/2017 BETWEEN MALLIKARJUNA M, S/O MALLESHA, AGED ABOUT 23 YEARS, MACHENAHALLI VILLAGE, GHATTADAHALLI POST, HALEBEEDU HOBLI, BELUR TALUK – 573121.
PRESENTLY WORKING AS VILLAGE ACCOUNTANT, APPEHALLI CIRCLE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 573101.
...PETITIONER (BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE) AND STATE OF KARNATAKA BY HALEBEEDU POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560001.
(BY SRI CHETAN DESAI, HCGP &) (SRI K.S. VISHWANATH, ADVOCATE) ...RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 323/2016 OF HALEBEEDU POLICE STATION, HASSAN FOR THE OFFENCES P/U/Ss 423, 466, 409, 420, 419, 473, 467, 471, 465 AND 468 R/W/S 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the arguments on both the sides on the application I.A. No.1/2017 filed under Section 301(2)of Cr.P.C.
2. Perused the application. It is supported by the verified affidavit.
3. Application is allowed.
4. Sri K.S. Vishwanath, learned counsel is permitted to assist the learned HCGP in hearing this petition.
5. This is the petition filed by accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail to direct the respondent-police to release him on bail in the event of his arrest for the alleged offences punishable under Sections 423, 466, 409, 420, 419, 473, 467, 471, 465, 468 read with 149 of I.P.C., registered on the respondent-police station Crime No.323/2016.
6. Heard the arguments of the learned counsel appearing for the petitioner who is Village Accountant, and also the learned HCGP appearing for the respondent- State. Learned HCGP has been assisted by Sri K.S. Vishwanath, learned counsel, appearing for the applicant, who is on record.
7. Learned counsel for the petitioner-accused No.2 made the submission that false allegations are made against the petitioner that he created false documents in collision with accused No.1. He further made the submission that even similar allegation was made before the Deputy Commissioner and he was already inquired into and the Tahasildr has already submitted the report to the Deputy Commissioner, Hassan by report dated 18.02.2017. He drawn my attention that the Tahasildar has stated that matter is already closed. Hence, learned counsel submitted that again the complaint came to be filed with similar allegations against the petitioner. It is also submitted by him that the petitioner being Government Servant working as Village Accountant he will be always available. Hence he submits, by imposing reasonable conditions he may be released on bail.
8. Per contra, learned HCGP opposes the bail petition and submitted that it is not only this case, even earlier also he was caught by the Anti Corruption Bureau when he was demanding Rs.20,000/- in connection with the change of Khata. Learned HCGP made the submission that the matter closed is not the ground, but the question is whether he has committed the alleged offence or not.
Hence, he submitted that considering the material so also the earlier case in Crime No.2/2017 he is not entitled to be granted with anticipatory bail. Learned HCGP also made the submission that he forged a death extract in respect of the person who is still alive and that person approached the Tahasildar and made the submission that she is still alive and death extract was issued in respect of her.
9. Looking to these materials placed on record and also the oral submission made by the learned HCGP, I am of the opinion that it is not a fit case to grant anticipatory bail and accordingly petition is rejected.
Sd/- JUDGE Sbs*