Karnataka High Court
Suryakant S/O Dasharathrao vs The State Of Karnataka on 1 August, 2012
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
DATED THIS THE 01ST OF AUGUST 2012
CRIMINAL PETITION NO.15708/2012
BETWEEN:
SURYAKANT S/O DASHARATHRAO,
AGE: 46 YEARS, OCC: ASST. TEACHER,
R/O BAJOLAGA, TQ: BHALKI,
DIST: BIDAR.
KARNATAKA STATE. ...Petitioner
(By Sri. SYED MASTAN & SANDEEP HULI, ADVOCATES)
AND:
THE STATE OF KARNATAKA
THROUGH BHALKI TOWN P.S.,
REPRESENTED BY SPP HON'BLE
HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT
GULBARGA. ...Respondent
(BY SMT ANURADHA DESAI, ADDL.SPP)
***
This Criminal Petition filed under Section 438 of Cr.P.C
by the advocate for the petitioner praying that this Hon'ble
Court to release the accused/petitioner on bail in the event of
his arrest in Crime No.80/2012 of Bhalki Town Police Station,
Dist: Bidar, which is registered for the offences P/U/S. 420 of
IPC.
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This petition coming on for Orders this day, the court
made the following:-
ORDER
Heard both sides.
2. The case is registered in Crime No.80/2012 for the offence punishable under Section 506, 504, 420, 468, 332, 353 of IPC. The complainant and the petitioner both are Government servants. It is alleged that this petitioner assaulted the complainant since he has not issued the income certificate. That the petitioner being a salaried employee of the Government he is not entitled for getting income certificate. Despite this the petitioner has committed an offence assaulting on the Government servant by obstructing his discharging public duty.
3. The learned counsel for the petitioner submitted that this petitioner as he is doing Government service working as Teacher he shall not leave the head quarters and he shall not abscond from investigation.
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4. The prosecution submitted to dismiss this petition.
5. I have gone through the petition and I am convinced that the petitioner being a teacher and Government servant can not escape from investigation. Though there is a prima facie case found, I feel the petitioner to be granted anticipatory bail. The petition is allowed.
Hence, the petitioner is ordered to be released on bail in the event of his arrest on his executing personal bond for Rs.50,000/- with one solvent surety for likesum to the satisfaction of court below with the further following conditions:
i) The petitioner shall not tamper with the prosecution witness in any manner.
ii) He shall not jump the bail.
If any of the conditions are violated, the anticipatory bail entails cancellation.
Sd/-
JUDGE MSR