Malatesha R Eligar & Ors vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by accused Nos.1, 3 and 4 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.151/2025 of Davanagere Extension Police Station, registered for offences punishable under Section 406, 465, 471, 468, 420 read with 34 IPC.

Heard learned the counsel for the petitioners, learned counsel for respondent No.2 and learned Addl.SPP for respondent No.1/State.

Learned counsel for petitioners would contend that the allegation against the petitioners of issuing fake licenses pertains to the year 2016-2017. The complaint has been filed in the year 2025. There is a delay in filing the complaint. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are ready to co-operate with the IO in the investigation and abide by the conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. With this he prayed to allow the petition.

Learned Addl.SPP for respondent No.1/State would contend that the petitioners have been assigned with work of giving driving training and issuing certificate. But without giving training, issued fake certificates and got driving licence issued in collusion with the contract employees of RTO and cheating the State and getting benefit out of that. The petitioners are required for custodial interrogation. With this he prayed to reject the petition.

Learned counsel for respondent No.2 reiterated the contentions raised by learned Additional SPP.

Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

On perusal of the averments of the complaint, the work assigned to the driving school run by the petitioners of giving driving training and issuing certificate pertains to the year 2016 -17. The allegations against the petitioners is that they, without giving a driving training, have issued fake certificates and got issued driving licences in collusion with the contract employees of RTO. The case of the prosecution is based on documents. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to co-operate with the IO in the investigation and abide by any conditions to be imposed by the Court. There are no criminal antecedents of the petitioners.

Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following:

ORDER

Petition is allowed. Petitioners are ordered to be released on bail, in the event of their arrest, in Crime No.151/2025 of Davanagere Extension Police Station, subject to following conditions:

(i) Petitioners shall voluntarily appear before the IO within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with like-sum surety to the satisfaction of the IO.

(ii) Petitioners shall appear before the IO on every Sunday for a period of two months between 10.00 a.m. and 02.00 p.m. or till filing of the final report whichever is earlier.

(iii) Petitioners shall co-operate with the IO in the investigation and appear before the IO whenever called for.

(iv) Petitioners 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 or tamper with the evidence.

(v) In case of filing of the charge sheet, the petitioners shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.