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.2669 OF 2019 BETWEEN:
R.KUMAR S/O N.T.RANGAPPA AGED ABOUT 45 YEARS R/O 2ND MAIN, 2ND CROSS HMT LAYOUT BENGALURU-560 097 (BY SRI.B.S.PRASAD, ADVOCATE) AND:
THE STATE OF KARNATAKA BY TUNGANAGARA P.S REP BY SPP HIGH COURT BUILDING BANGALORE-560 001 (BY SRI.K.P.YOGANNA, ADVOCATE) … PETITIONER …RESPONDENT THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.105/2019 OF TUNGA NAGAR P.S., SHIVAMOGGA FOR THE OFFENCE P/U/S 409, 420, 465, 468 AND 471 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for respondent-State. Perused the records.
2. The police have registered a case in Crime No.105/2019 for the offences under Section 409, 420, 465, 468 and 471 of IPC.
3. The allegations are that the petitioner was working as Vice President of Nidhige Grama Panchayat in Shivamogga District and it is alleged that he has issued various ‘No objection certificates’ with concocted entries, boundaries and property particulars by means of creating fake documents and also forging those documents for the purpose of issuing the same to different persons.
4. One Lakshmamma of Jain Public School has lodged a complaint against the petitioner for taking action. On the basis of the same, police have registered a case and they are in the threshold of investigation.
5. It is a bail petition filed under Section 438 Cr.P.C. Investigation has to be done by taking appropriate signatures and documents from the custody of the petitioner. Therefore, in my opinion, petitioner is not entitled to be enlarged particularly on anticipatory bail.
6. Though the learned counsel for the petitioner tried to convince the Court that the petitioner’s wife is not well and is suffering from ailments, those grounds are not sufficient at this stage to enlarge the petitioner on anticipatory bail. Petitioner is at liberty to make necessary application for grant of regular bail. If such an eventuality arises and if regular bail application is filed, concerned Court is directed to dispose of the bail petition as expeditiously as possible.
Accordingly, the petition is dismissed.
Sd/- JUDGE ln.