IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.8187/2018 Between:
Mohan Kumar, Aged about 44 years, S/o Late Shivaram, R/at Agaranahalli Village, Maradur Post, Hunsur Taluk, Mysuru District 570 126. … Petitioner (By: Sri P.Nataraju, Advocate) And:
State of Karnataka, By Bilikere Police Station, Mysuru District, Represented by State Public Prosecutor, High Court Building, Bengaluru 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 Crime No.358/2018 of Bilikere Police Station, Mysore District for the offence punishable under Sections 465, 468, 420 and 381 read with Section 34 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER The petitioner has filed this application seeking to enlarge him on anticipatory bail in the event of his arrest in Crime No.358/2018 registered by the Bilikere Police Station, Mysuru District for the offences punishable under Sections 465, 420, 468, 381 read with Section 34 of IPC pending on the file Additional Civil Judge (Sr.Dn.) and CJM Court, Hunsur, Mysuru District.
2. The complaint that has been lodged makes out a case that entries in the Hagaranahalli Demand Register has been taken out of the office illegally and the petitioner colluding with the Gram Panchayat attendant Siddashetty, who has been arrayed as accused No.2 have got entered entries which are not genuine in the Register so as to confer the benefit on the petitioner. The FIR has been filed detailing commission of offences punishable under Sections 465, 420, 468, 381 read with Section 34 of IPC.
3. The substance of the complaint relates to certain illegal entries said to have been made in the Demand Register Extract benefiting the petitioner herein with the connivance of accused No.2. It is stated that though charge sheet has not been filed, however, relevant records have been seized and this fact has not been controverted. As the evidence in substance is documentary evidence and as the said records are now in the custody of Investigating Authority, a case is made out for enlarging the petitioner on anticipatory bail, subject to conditions.
4. It is also to be noted that looking into the nature of offences and the nature of evidence being documentary evidence, which is already said to be in the custody of Investigating Authority, the petitioner is entitled for the benefit of order under Section 438 of Cr.P.C.
5. Further, it is to be noted that the Court of VIII Additional District and Sessions Judge has by order dated 25.10.2018 rejected the application filed under Section 438 of Cr.P.C. observing that investigation is still to be completed.
6. Taking note of the fact that evidence of witnesses would also be essentially one predominantly of official witness and looking into the nature of offences which are not punishable with death or imprisonment of life. The petitioner is entitled for the relief under Section 438 of Cr.P.C.
7. Accordingly, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed, subject to the following conditions:-
(i) The petitioner shall appear before the Investigating Officer of Bilikere Police Station, in connection with Crime No.358/2018 within two weeks from the date of receipt of a copy of this order and he shall execute a personal bond for a sum of `1,00,000/- (rupees one lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall co-operate with the Investigating Officer during the course of investigation of the case.
(iii) The petitioner shall not tamper the prosecution witnesses. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so far as to dissuade such person from disclosing such facts to the Court or any Police Officer.
(iv) The petitioner shall not hamper the investigation.
(v) The petitioner shall not indulge in criminal activities henceforth.
(vi) The petitioner shall mark his attendance before the concerned SHO once in a week between 10.00 a.m. and 5.00 p.m., till the filing of the charge sheet.
Sd/- JUDGE VGR