Y. Lokesh & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in respect of Crime

No.145/2021 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 466, 406 and 471 of IPC.

Heard learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case is that these petitioners were working as Revenue Inspector and Surveyor respectively and were indulged in creating

documents falsely and though the lands were not cultivated, they have given false report to those persons stating that they are cultivating the lands.

Hence, the Tahsildar lodged a complaint and on the basis of the same, the case has been registered.

Learned counsel for the petitioners would submit that these petitioners have not committed any offence, they have not given any false report and it

is a matter of trial. The first petitioner is a retired Revenue Inspector and the other petitioner is a Surveyor. Therefore, the question of the petitioners

fleeing away from justice does not arise. Hence, prayed for anticipatory bail.

Per contra, learned High Court Government Pleader appearing for the State would submit that the offences alleged are under Sections 466, 406

and 471 of IPC. The petitioners are indulged in creation of documents in favour of the persons who have not cultivated the lands and therefore, there

is a prima facie case against the petitioners. Hence, prayed for rejection of bail petition.

Heard the arguments of respective counsel and perused the material on record as also the allegation made in the complaint with regard to giving

false report to the persons even though the land was not cultivated by them. Having taken note of these aspects, it is a fit case to exercise the

discretion under Section 438 of Cr.P.C.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.145/2021 of

Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 466, 406 and 471 of IPC, subject to the following

conditions:-

(i) The petitioners shall surrender before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall

execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the likesum to the satisfaction of the

concerned Investigating Officer.

(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and shall appear before the Investigating Officer, as

and when called for.

(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of

three months, whichever is earlier.

(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating

Officer for a period of three months or till the charge sheet is filed, whichever is earlier.