IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7674/2019 Between Mr.Navil Kumar S/o Jayaram, Aged about 35 years, R/at No.8/2871, Filver Bed Road, Rajeev Gandhi Nagar, Kalburgi – 585104.
(By Sri.C.R.Raghavendra Reddy, Advocate) And State by Thilaknagar Police Station Bengaluru, Rep by SPP High Court, Bengaluru – 01.
... Petitioner ... Respondent (By Sri.Honnappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.485/2017 of Thilaknagar Police Station, Bengaluru City for the offence punishable under Sections 465, 467, 468, 471 and 474 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The case has been registered against the petitioner in Crime No.485/2017 by the respondent/police on the file of the II ACMM, Bengaluru for the offence punishable under Sections 465, 467, 468, 471 and 474 of Indian Penal Code.
3. The brief facts of the case are that;
The petitioner who is not a competent person to apply to the post of Engineers, applied to the post of Engineers in the Karnataka Urban Water Supply and Drainage Board by means of producing fake marks card of B.Tech Civil Engineering pertaining to the University of Civil Engineering run by Chotaram Institute of Engineering and Technology. After appointment, the said documents produced by the petitioner were sent for verification and the above said Institute has said that the said documents are fake in nature. Therefore, a case has been registered against the petitioner and petitioner has been arrested.
Since the date of arrest on 30.09.2019, the petitioner has been in judicial custody.
4. The learned counsel for petitioner submits that the petitioner has been removed from the service and now, he is jobless. He would abide by the conditions that may be imposed by this Court. Looking to the above said facts and circumstances, the offences are not punishable with death or imprisonment for life and the accused has already been interrogated and he has sent to judicial custody. It indicates that he is no more required for any further investigation. The entire case revolves around the documentary evidence, which are said to be fake documents produced by the accused. Therefore, I am of the opinion that the petitioner particularly under Section 439 of Cr.P.C is entitled to be enlarged on bail. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner shall be enlarged on bail in connection with Crime No.485/2017 of Thilaknagar Police Station on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru for the alleged offences subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh Rupees only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE NBM