Dalappa vs State of Karnataka

H. Billappa

The petitioner has filed this petition u/s 438 of Cr.P.C., praying for grant of anticipatory bail.

It is stated in the petition that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The petitioner is ready to abide by all conditions that may be imposed. Therefore, the petitioner has prayed for grant of anticipatory bail.

It is alleged, the Accused No.1 B.Chandrashekhar has fabricated the letter bearing No. 180 FCR 2011 dated 27/6/2011 by forging the signature of I.Hemanath under Secretary to Government of Karnataka, wherein, his services have been deputed to ESI, Rajajinagar, Bangalore. A case in Crime No. 148/2011 of Sheshadripuram Police Station, Bangalore, has been registered for the offences punishable u/s 468, 471 and 420 of IPC.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case and he is ready to abide by all the conditions to be imposed. Therefore, the petitioner can be granted anticipatory bait.

As against this, learned Govt. Pleader submitted that the investigation is going on and the petitioner is required for investigation as the allegations of forgery have been made and therefore, the petitioner cannot be granted anticipatory bail.

I have carefully considered the submissions made by the learned counsel for the parties.

The point that arises for my consideration is, whether the petitioner can be granted anticipatory bail?

It is relevant to note, the allegations are that Accused No.1 has fabricated the letter bearing No.180 FCR 2011 dated 27/6/2011 by forging the signature of under Secretary to Government of Karnataka. There are no specific allegations against the petitioner. The petitioner is available for investigation. Therefore, the petitioner can be granted anticipatory bait subject to certain conditions.

Accordingly, the petition is allowed and the petitioner is granted anticipatory bail, subject to the following conditions:-

(i) In the event of his arrest in Cr.No. 148/2011 of Sheshadripuram Police Station, Bangalore, the petitioner shall be released on bail oh his executing a bond for a sum of Rs.10,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

(ii) The petitioner shall not tamper with the witnesses.

(iii) The petitioner shall appear before the 10 within five days from today and shall co-operate with the 10 for investigation, as and when required.

(iv) If the petitioner violates any condition, the respondent-State can move for cancellation of the bail.