IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3688/2019 BETWEEN RAMESHA. T AGED 32 YEARS S/O THIMMANNA @ K.T.THIMMANNA R/O KOTTUR VILLAGE PAVAGADA TALUK NATIVE OF DOKKALAPALLI AGALI MANDAL MADAKASIRA TALUK ANDRA PRADESH – 515 311 ... PETITIONER (BY SRI. M. R. C. MANOHAR, ADVOCATE) AND 1. RAJASHETTY T. R AGED 42 YEARS POLICE OFFICER PAVAGADA – 561 202 2. THE STATE OF KARNATAKA BY PAVAGADA POLICE STATION PAVAGADA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 …. RESPONDENTS (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO. 52/2019 OF PAVAGADA P.S., TUMAKURU FOR THE OFFENCE P/U/S 196, 198, 199, 420 OF IPC AND SECTIONS 3(1)(q) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP appearing for the respondent-State. Perused the records.
2. The allegations made against the petitioner in brief are that, the petitioner belongs to Schedule Caste ‘Vadthi’ Community and though he does not belong to a particular Schedule Caste ‘Bhovi’ Community, but clandestinely, for the purpose of obtaining job, he obtained caste certificate stating as if he belonged to ‘Bhovi’ Community and produced the same before the concerned authority and obtained job as a driver in KSRTC under the Schedule Caste Quota. But, subsequently, during investigation, it was unearthed that the said document is a fake document. Therefore, the police have registered a case against the petitioner under Sections 196, 198, 199, 420 of IPC and also under Sections 3(1)(q) of the SC and ST (POA) Act, 1989.
3. The said offences are not punishable either with death or life imprisonment. As the petitioner is a driver and there is no chance of he absconding from the clutches of law, the prosecution has to prove beyond reasonable doubt that the said certificate is a fake document, in my opinion, when the document itself is available to the Investigating agency, no custodian investigation is required. Hence, by imposing stringent conditions, the petitioner may be released on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.52/2019 of respondent-Pavagada Police Station, Tumakuru District, for the aforesaid offences, pending on the file of III Additional District and Sessions Judge at Tumakuru, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within 10 days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till filing of the charge sheet or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/- JUDGE