High CourtsSingle Bench

Gangabyraiah vs Madanayakanahalli P.S.

Karnataka High Court · Decided on 10 March 2011 · Citation: (2011) 03 KAR CK 0159

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 420, 468
CASE NUMBER
Criminal Petition No. 1156 of 2011
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Judgment

9 paragraphs · 421 words

A.S. Pachhapure, J.—The Petitioner is involved in creation false and fictitious documents and forging the signature of the Government officials and issuing title deeds to the persons in respect of sites in survey No. 80, 159 of Kadabagere village, survey No. 25 of Bylakonenahalli village. on a complaint filed by the Panchayat Development officers. During the interrogation accused No. 2 produced some documents i.e., Hakku patra and also the name of the Petitioner. It is in these circumstances the Petitioner apprehends and arrest for the offence punishable under Sections 468 and 420 read with 34 of IPC.

2.

The Petitioner submits that he is innocent and has not committed any crime. He is ready and willing to co-operate the investigation and in the circumstances has sought for anticipatory bail.

3.

I have heard the learned Counsel for the Petitioner and also the learned HCGP.

4.

As could be seen from the allegation in the complaint the name of the Petitioner is not revealed further more it is in the interrogation of the second accused that the name of the Petitioner was disclosed. The Petitioner''s presence could be secured for the purpose of the investigation by imposing certain condition. The Petitioner submits that he is ready to assist the investigation, and as could be seen from the nature of the allegations the material collected during the investigation, I think it is just and proper to grant anticipatory bail for a limited period of three months, as the investigation may reveal a still serious offence of and grabbing.

5.

In that view of the matter the petition is allowed. The Petitioner granted anticipatory bail for a period of three months from today and he is ordered to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the investigating officer in the event of his arrest with the further following conditions:

(i) That the Petitioner shall attend the police station twice in a week that is every Sunday and Thursday in between 10.00 am to 11.00 am until further orders.

(ii) The Petitioner is directed to co-operate the investigation. The Petitioner shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iv) He shall attend the Court as and when directed.

Accordingly the petition is disposed of.