Srinivas G Patel vs State Of Karnataka

Ashok G. Nijagannavar, J

This petition is filed by accused No.2 under Section 438 CrPC seeking anticipatory bail in the event of his arrest in Crime No.102/2020 of Cubbon

Park Police Station for the offence punishable under Sections 420, 465, 468, 471 r/w 34 IPC.

The brief facts stated in the petition are that on receiving the representation from Smt. V.Pushpa and Smt. V.Shobha, the Senior Sub-Registrar of

Shivajinagar, Bengaluru, filed a complaint to the Police Inspector, Cubbon Park Police Station, alleging that the petitioner and accused Nos.1, 3 and 4

colluded in fabricating fake stamp papers and by creating fake signatures of Senior Sub-Registrar, they have been cheating the general public.

On registering the case, the police officials are making attempts to arrest the petitioner. The bail petition filed by the petitioner before the Sessions

Court seeking anticipatory bail is rejected.

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent â€" State. Perused the records.

It is the contention of learned counsel for the petitioner that the allegations made in the complaint are false and baseless. The petitioner is not at all

involved in fabricating the fake stamp papers. In the event of arrest and detention, the petitioner would be put to great hardship and injustice.

Per contra, learned High Court Government Pleader submitted that the Senior Sub-Registrar has given a complaint alleging that the petitioner and

other accused have been selling the fake stamp papers by forging the signature of the Senior Sub-Registrar. Thereby, they have been causing loss to

the Government Exchequer. There are no grounds to hold that the petitioner has been falsely implicated in this case.

The averments made in the complaint are that on the representation given by Smt. Pushpa and Smt. Shobha, the Senior Sub-Registrar has filed a

complaint about sale of fake stamp papers and forgery of his signatures by the petitioner and other accused persons. During the course of arguments,

the learned counsel for the petitioner submitted that at the instigation of Smt. Pushpa and Smt. Shobha, a false complaint has been registered against

the petitioner. There are civil disputes between the parties before the courts in respect of the property transactions.

The grounds stated in the bail petition and submission of the learned counsel for the petitioner goes to prove the apprehension of arrest and

detention of the petitioner. The offences alleged are not punishable with death or imprisonment for life. The only objection of the prosecution is that in

the event of granting bail, the petitioner is likely to abscond and interfere with the investigation and the said objection can be set right by imposing

stringent conditions.

In the facts and circumstances of the case, there are valid grounds for granting anticipatory bail to the petitioner subject to certain terms and

conditions. Hence, this Court proceeds to pass the following:

ORDER

The Criminal Petition is allowed.

Consequently, the petitioner is ordered to be released on bail in the event of his arrest in connection with Crime No.102/2020 for the offence

punishable under Sections 420, 465, 468, 471 r/w 34 IPC, subject to following conditions:

i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of certified copy of this order. On appearance of

petitioner, the Investigating Officer shall interrogate and release him on bail;

ii. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction

of the Investigating Officer;

iii. The petitioner shall co-operate in the investigation, and he shall appear before the Investigating Officer as and when required;

iv. The petitioner shall not threaten or allure the prosecution witnesses; and

v. The petitioner shall mark his attendance in respondent â€" Cubbon Park Police Station, on 1st of every calendar month until submission of the final

report.