IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2668 OF 2019 BETWEEN:
1. P.Narayanaswamy, S/o Puttaswamy Gowda, Aged about 39 years, R/at No.10, 2nd Floor, Block-2, Police Quarters, 4th Block Jayanagar, Bengaluru – 560 011.
2. A.V.Manjunatha S/o Late Venkataramanappa, Aged about 42 years, R/o No.56, Basaveshwara Nagara, Arishinakunte Post, Nelamangala Taluk, Bengaluru Rural District – 562 123.
… Petitioners (By Sri S.K.Acharya, Advocate for Sri U.Vigneshwara, Advocate) AND:
The State of Karnataka, Vidhana Soudha Police Station, Bengaluru.
Rept. By its S.P.P., High Court Buildings, 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 petitioners on bail in the event of their arrest in Cr.No.23/2019 of Vidhana Soudha Police Station, Bengaluru for the offences P/U/Ss.409, 420, 465, 467, 468, 471 r/w. Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER E The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.23/2019 registered by Vidhana Soudha Police Station for the offences punishable under Sections 409, 420, 465, 467, 468, 471 r/w. Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioners, learned High Court Government Pleader appearing for the respondent-State and perused the records.
3. The First Information Report lodged on 15.03.2019 with reference to the offences alleged to have been committed by the petitioners on 27.08.2018 with regard to issuance of fake police verification certificates to different persons.
4. It is the allegation that the petitioners were working as Head Constables in the office of the Police Commissioner and in fact they collected money from different persons, even without depositing any amount to the Government as contemplated under law, they themselves have created the said certificates in the Computer to the extent of 163 certificates. It is further alleged that they have collected an amount of Rs.1,000/- per certificate and they have also given some money to other police personnel for the purpose of taking signature of the Assistant Commissioner of Police on those certificates, thereby the accused persons have committed the offences under Sections 409, 420, 465, 467, 468, 471 r/w. Section 34 of IPC.
In this regard, a complaint has been registered against the petitioners.
5. Learned HCGP drawn the attention of this Court that one of the witness examined by the Investigating Officer has supported the allegations made against the petitioners and he has produced the fake certificates during the course of investigation. Be that as it may, the petitioners are working as Head Constables and they will be readily available for the investigation in the same office.
6. Further, learned counsel for the petitioners has submitted that the petitioners will not abscond from the clutches of law and he would be the investigating agency for completing the investigation and filing the final report.
7. Considering the nature of allegations made and there is a long delay in lodging the complaint and further those certificates also bears the signatures of the competent higher officers, therefore, in the above said circumstances, petitioners are not only the persons involved in the case as alleged, but also the entire case has to be investigated and bring home the culprits to the Books.
8. Looking to the above said circumstances, the offences are not punishable either with death or imprisonment for life and the accused persons are still working as Head Constables and they would be readily available for investigation, in my opinion, the petitioners may be granted bail by imposing stringent conditions. Hence, the following order:
The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.23/2019 registered by Vidhana Soudha Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within one week from the date of receipt of a certified copy of this order and they shall execute a personal bond for a sum of `1,00,000/- each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) For all practical purposes like investigation, interrogation, recovery, the accused-petitioners are deemed to be under the custody of the investigating officer.
iv) The petitioners should not leave the jurisdiction of jurisdictional Court, till the police file a final report, in this regard.
Sd/- JUDGE cp*