Karnataka High Court
Sri Umesh S/O Shivanandappa Hediyal vs The State Of Karnataka on 5 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:6687
CRL.P No. 101338 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101338 OF 2023
BETWEEN:
SRI. UMESH S/O. SHIVANANDAPPA HEDIYAL,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KURABAGOUNDA,
TQ: DIST: HAVERI -581110.
...PETITIONER
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
POLICE SUB-INSPECTOR,
HAVERI TOWN POLICE STATION,
CHANDRASHEKAR
LAXMAN HAVERI, REPRESENTED BY ITS
KATTIMANI STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally signed by
DHARWAD -580010.
CHANDRASHEKAR ...RESPONDENT
LAXMAN (BY SMT. GIRIJA S. HIREMATH, HCGP)
KATTIMANI
Date: 2023.07.06
15:56:39 -0700 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO RELEASE THE PETITIONER/ACCUSED
NO. 3 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST,
IN CRIME NO. 104/2023 OF HAVERI TOWN POLICE STATION ,
FOR THE OFFENCES ALLEGED U/SEC. 417, 419, 420 AND 468
R/W SEC. 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:6687
CRL.P No. 101338 of 2023
ORDER
Heard Sri Hanumanthareddy Sahukar, learned cou nsel for the petitioner and Smt. Girija S.Hiremath, learned High Court Government Pleader for the respondent-State. P erused the records.
2. The pres ent petition is filed under Section 438 of Cr.P.C. with the following prayer :-
"For the reasons stated above the petitioner humbly prays that this Hon'b le Court be pleased to release the petitio ner / Accu sed No.3 on anticipatory Bail in the event of his arrest, in Crime No.104/2023 of Haveri Town Police Station, for the offen ces alleged under Section 417, 419, 420 and 468 R/w. Sec.34 of IPC in the interest of justice and eq uity.."
3. The brief facts of the case are as under :-
3.1. Shri. Ashok Hediya S/o. Shivaputrappa lodged a complaint with Haveri Town police station on 04.06.2023 which was registered in Crime No.104/2023 for the offences punishable under -3- NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 Sections 417, 419, 420, 468 read with Section 34 of IPC.
3.2. Gist of the complaint averments reveal that in between 18.07.2021 to 26.05.2023 in Haveri Town 'Ujjivan Small Financ e Bank', fake account came to be opened by the accused persons in the name of the complainant and it has been utilized for extracting a cheque in a sum of Rs.8,00,000/- and later on legal notic e came to b e issued against the complainant. Police after registering the ca se are investigating the matter.
4. The attempt made by the petitioner to obtain an order of grant of anticipatory bail is turned down by learned I Additional District and Sessions Judge, Haveri by order dated 19.06.2023 in Cri minal Miscellaneous No.427/2023. Th ereafter petitioner is before this Court.
5. Reiterating the grounds urged in the petition, Sri. Hanumanthareddy Sahukar, learned -4- NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 cou nsel for the petitioner v ehemently contended that the petitioner is innocent of the offences alleged against him and he is no way connected to the alleged offences and he has been falsely impli cated in this case a nd therefore, sought for grant of anticipatory bail.
6. Per contra, lear ned High Court Government Pleader opposes the bail grounds by contending that admittedly a fake ac count came to be opened in the name of the complainant and cheque is extra cted in a sum of Rs.8,00,000/- which got bounced and immediately the complainant has l odged the complaint s eeking action against the petitioner and others and sought for dismissal of the petition.
7. In view of the rival contentions of the parties, this Court perused the material on record meticulously.
8. On such peru sal of the material on record, it is seen that an account bearing -5- NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 No.1131110190054478 came to be opened in the name of the complainant. A cheque is also extracted in a sum of Rs.8,00,000/- from the complain ant.
According to the complainant, he did not open any acc ount and hi s doc uments hav e been mi sused for opening an fake account in the name of the complainant in Haveri Town 'Ujjivan Small Finance Bank'.
9. Whether at all the p etitioner is also involved in opening of a fake account or not cannot be decided by this Court at this stage by holding a mini trial. It is for the inv estigation agency to investigate the matter and file appropriate report against all who are involved in the incident.
10. Suffice to say that the petitioner being not available to the investigation ag ency, has resulted in crippling the investigation process.
11. Directing the petiti oner to join the investigation and undergo limited period of custodial -6- NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 interrogation and co-operate with the investigation process, would meet the ends of justice inasmuch as the right of the petitioner would also b e protected and need of the prosecution would also be served.
12. Accordingly, following order is passed.
ORDE R The criminal petition is allowed subject to the following conditions:
1. The Petitioner is directed to join the investigation by appearing before the Investigation Officer on 20.07.2023 at 10.00 a.m.
2. The Investigation Officer is at liberty to take the petitioner to custody and c omplete the cus todial investigation if any, on the sa me day before 6.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum.
3. The petitioner shall co-operate with the inv es tigating agency by furnishing -7- NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 necessary information as would be required by the investigation agency includin g furnishing his specimen signature and ha nd writing.
4. The petitioner shall not tamper the pr osecution witn esses in any manner.
5. The petition er shall attend the Court regularly and appear before the Investigation agency as and wh en directed.
6. The petitioner shall mark his attendance before the Inv estigating Officer on every third Sunday between 10.00 a.m. and 2.00 p.m., till the final report is filed.
7. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.
8. The p etitioner shall not leave the jurisdi ction of Haveri District wi thout prior permission.-8-
NC: 2023:KHC-D:6687 CRL.P No. 101338 of 2023 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE SMM List No.: 1 Sl No.: 14