Ramesha @ Ramesh Ambedkar vs State

Hon''ble Mr Justice H. Billappa

The petitioner has filed this petition u/s 430 of Cr. P.C., praying for grant of anticipatory bail.

It is stated in the petition that the petitioner is innocent of the allegations made 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 that on 6/9/2011, at about 9.30 a.m., the Police Inspector C.C.B., N.T. pet, Bangalore, received credible information that fake seals of Bangalore Mahanagara Palike and Government Departments and fake documents are created at No. 153, 15th cross, Nagavarapalya Main Road, C.V. Raman Nagar Post, Narayanappa building, Bangalore. The complainant along with his staff and panchas went to the spot at about 11.20 a.m. and found that one person was sitting with plastic cover. On enquiry he revealed his name and address as Jayaram, S/o. Channegowda, aged about 44 years, residing at No. 147, 1st Cross, Behind market, New Thippasandra, Bangalore - 96. When the cover was checked fake seals of B.B.M.P. and Government departments were found. He disclosed that by preparing fake seals he used to create documents and earn money Seals, fake documents, mobile phone and cash of Rs. 3,000/- etc., have been seized. Thereafter, complaint has been lodged and a case in Crime No. 228/2011 of Byappanahalli police station has been registered for the offences punishable u/s 464, 465, 468, 470, 471, 472, 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 this case and the petitioner is ready to abide by the conditions that may be imposed and therefore, the petitioner can be granted anticipatory bail.

As against this, learned Govt. Pleader submitted that the investigation is going on and the petitioner is required for investigation as 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 on 6/9/2011 at about 9.30 a.m., the complainant received credible information that fake seals of B.B.M.P. and Government departments and fake documents are created at No. 153, 15th cross, Nagavarapalya main road, C.V. Raman Nagar Post, Narayanappa building, Bangalore. The complainant along with his staff and panchas went to the spot. A1 was sitting with a plastic cover. On enquiry, A1 revealed his name and address as Jayaram, S/o. Channegowda, aged about 44 years, residing at No. 147, 1st Cross, Behind market, New Thippasandra, Bangalore - 96. When the cover was checked fakes seals of B.B.M.P. and Government departments were found. Seals, fake documents, mobile phone and cash of Rs 3,000/- etc have been seized. Thereafter, in the course of investigation, Al has revealed the name of A2 and he in turn has revealed name of A3 i.e., the petitioner. The allegation against the petitioner is that he has purchased some documents from A2. The petitioner denies it. It is a matter for investigation. The petitioner is available for investigation. Therefore, the petitioner can be granted anticipatory bail subject to certain conditions.

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

(i) In the event of his arrest in Cr. No. 228/2011 of Byappanahalli Police Station, Bangalore, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- 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 three days from today and shall co-operate with the IO for investigation, as and when required.

(iv) The petitioner shall be available for interrogation and investigation, as and when required by the I.O.

(v) The petitioner shall not indulge in any offence.

(vi) The petitioner shall attend jurisdictional Police Station i.e., Byappanahalli Police Station once in two weeks on a Sunday between 4 p.m. and 6 p.m., till final report is submitted.

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