Karnataka High Court
Anand Kumar vs State Of Karnataka on 20 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:33348
CRL.P No. 7403 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7403 OF 2024
BETWEEN:
ANAND KUMAR,
S/O. SRINIVASMURTHY,
AGED ABOUT 36 YEARS,
R/AT NO. 181, GOWRI NIVASA,
C.D. HOSAKOTE, ANEKAL TALUK,
BANGALORE RURAL - 562 106.
...PETITIONER
(BY SRI. M. KRISHNE GOWDA, ADVOCATE FOR
SMT. SHIVAMMA D, ADVOCATE)
AND:
STATE OF KARNATAKA,
STATE BY HALASUR GATE P.S.,
Digitally
signed by REPRESENTED BY SPP,
NANDINI MS HIGH COURT OF KARNATAKA,
Location:
High Court of BANGALORE - 560 001.
Karnataka
...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGING THE PETITIONER IN THE EVENT OF HIS ARREST IN
CR.NO.322/2023 OF HALASUR GATE POLICE STATION AND ON
THE FILE OF THE HONBLE Ist ACMM AT BENGALURU FOR THE
OFFENCE P/US/ 420, 465, 471, 468 OF IPC.
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NC: 2024:KHC:33348
CRL.P No. 7403 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.322/2023 registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 420, 465, 471, 468 of IPC, is before this Court under 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.322/2023 was registered by Halasurgate Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences on the basis of first information dated 20.11.2023 received from Police Officer, attached to Karnataka State Police, Vigilance Wing. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.4999/2024 before the Jurisdictional Sessions Court, which was rejected on 25.06.2024. Therefore, he is before this Court.
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NC: 2024:KHC:33348 CRL.P No. 7403 of 2024
4. Learned Counsel for the petitioner submits that the petitioner has no criminal antecedents and is ready to co-operate with the police for investigation. The maximum punishment for the alleged offence is imprisonment for a period of 7 years and the alleged offences are triable by the Court of Magistrate. Undisputedly, the degree certificate issued by CMJ University, Meghalaya, to the petitioner is found to be genuine. Accordingly, he prays to allow this petition.
5. Per contra, learned HCGP has opposed the petition. She submits that for the purpose of appearing for the degree examination before the CMJ University, Meghalaya, the petitioner had produced PUC certificate issued by Delhi Academy Counsel for Higher Education. Whether the said documents are genuine or not is yet to be verified. Accordingly, she prays to dismiss this petition.
6. The material on record would go to show that petitioner's father-Srinivasmurthy, who was serving in the Police Department, died in harness on 07.02.2017. -4-
NC: 2024:KHC:33348 CRL.P No. 7403 of 2024 Subsequently, the petitioner had filed an application seeking compassionate appointment. Petitioner had produced his PUC certificate and also the degree certificate issued by CMJ University, Meghalaya. The allegation against the petitioner is that he had passed PUC in Government PU College, Bengaluru North Taluk in the year 2019 and therefore, genuineness of the PUC certificate produced by the petitioner was doubted.
7. It is not in dispute that, the degree certificate issued to the petitioner by CMJ University, Meghalaya, is a genuine document. Since the petitioner had passed his PUC in the year 2019 from Government PU College, Bengaluru North Taluk, a doubt has arisen with regard to the genuineness of PUC certificate produced by the petitioner along with his application filed seeking compassionate appointment. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of 7 years. Petitioner has no criminal antecedents -5- NC: 2024:KHC:33348 CRL.P No. 7403 of 2024 and his father was serving in the Police Department. Considering the nature of allegations found in the first information and since the petitioner has undertaken to co- operate with the police for investigation, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.
7. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest registered by Halasurgate Police Station, Bengaluru City, for the offences punishable under Sections 420, 465, 471, 468 of IPC is before this Court under 438 of Cr.P.C, subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of -6- NC: 2024:KHC:33348 CRL.P No. 7403 of 2024 Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future;
SD/-
(S VISHWAJITH SHETTY) JUDGE KVR