Sangappa Chawan vs State Of Karnataka

Sreenivas Harish Kumar, J

Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.

This petition is filed under Section 438 Cr.P.C. The petitioner is seeking anticipatory bail in connection with complaint registered against him in

Cr.No.26/2020 for the offences punishable under Sections 420, 465, 468, 471 and 417 of IPC.

The allegations against the petitioner is that when he submitted his application on line to the Bengaluru Water Supply and Sewerage Board (for

short ‘BWSSB’) pursuant to recruitment notification dated 27.02.2019, he also submitted his marks card issued by Karnataka State Open

University. The petitioner was short listed for selection and his marks card was sent to university for cross verification to ascertain its genuineness.

The university reported that the marks card were fake. Hence, a complaint came to be registered against the petitioner for the aforementioned

offence.

It is the case of the petitioner that he obtained B.A. degree from Karnataka State Open University and he got admission to B.A.course through the

Centre run by Sri. Shivananda Chincholi, Jayawadagi, Bagewaadi Taluk. In fact in para 4 of the bail petition he has clearly stated that the Centre

through which he got admission to the open university is affiliated to the University. The petitioner does not deny to have obtained admission at the

open university. Therefore in these circumstances, it is to be stated that any investigation to be conducted is based on the documents available at the

Centre where he obtained admission to the University and also in the Office of the Open University. Chances of tampering with the documents by the

petitioner is remote. Moreover the petitioner is ready to co-operate with the police for investigation. In these circumstances, I find that the petitioner

has made out a ground for grant of anticipatory bail. Hence the following:-

ORDER

i. Petition is allowed.

ii. In the event of petitioner being arrested by the respondent/police, in connection with Crime No.26/2020 registered by Halasuru Gate

Police Station, he shall be released on bail by obtaining from him a bond for Rs.50,000/- (Rupees Fifty Thousand only) and a surety for the

likesum to the satisfaction of the Investigating Officer.

iii. The petitioner shall appear before the investigation officer as and when his presence is required for investigation.

iv. The petitioner shall not threaten the witnesses and destroy the evidence in whatsoever manner.