Karnataka High Court
Smt Veena W/O Gopal Shetti vs The State Of Karnataka on 18 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102853 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF OCTOBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102853 OF 2022
BETWEEN:
1. SMT VEENA W/O GOPAL SHETTI
AGE. 54 YEARS, OCC. PRIVATE JOB
R/O NUTAN NAGAR 581359
TQ. YELLAPUR, DIST. UK
2. SRI NITiSH S/O GOPAL SHETTI
AGE. 29 YEARS, OCC. PRIVATE JOB
R/O NUTAN NAGAR 581359
TQ. YELLAPUR, DIST. UK
3. SMT. GEETA W/O RAJESH SHETTI
AGE. 49 YEARS, OCC. COOLIE
R/O NUTAN NAGAR 581359
TQ. YELLAPUR, DIST. UK
4. SRI RAJESH S/O SHETTI
AGE. 51 YEARS, OCC. COOLIE
R/O NUTAN NAGAR 581359
TQ. YELLAPUR, DIST. UK
...PETITIONERS
(BY SRI. LINGESH V KATTEMANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH P S I
YELLAPUR POLICE STATION
U K DISTRICT
REP. BY ADDL. SPP
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CRL.P No. 102853 of 2022
HIGH COURT OF KARNATAKA
DHARWAD BENCH BUILDING
DHARWAD - 580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE
RESPONDENT POLICE, YELLAPUR TO ENLARGE THE
PETITIONERS/ACCUSED NO.2, 3, 5 AND 6 ON BAIL IN THE EVENT
OF THEIR ARREST IN CRIME NO.103/2021 FOR THE ALLEGED
OFFENCE PUNISHABLE U/S 409, 420, 465, 468, 471, 120(B), R/W
149 OF IPC, BY ALLOWING THIS PETITION.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused Nos.2, 3, 5 and 6 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.103/2021 of Yallapur Police Station registered for the offences punishable under Sections 409, 420, 465, 468, 471 and 120B read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity). -3- CRL.P No. 102853 of 2022
2. The case of the prosecution is that, accused No.1 is the wife of the complainant and she, before marriage with the complainant, had married another person and out of their wedlock one baby girl named Bhumika was born on 25.11.2014. But accused No.1 suppressed her first marriage and got married the complainant. As a result of married life between them, accused No.1 got pregnant and admitted to Yallapur Government Hospital. There, she suppressed her first delivery with an intention to get Matra Vandana scheme benefits from the Government which was given to gullible people and had created duplicate document with regard to the same and stated before the Administration of Government Hospital that, it is her first delivery and got birth certificate. The same is produced before the Child Welfare Committee, Yallapur, on 05.08.2019 and got the benefit of Matra Vandana scheme and cheated the Government and also the complainant. On the other hand, on 01.06.2015, -4- CRL.P No. 102853 of 2022 accused No.1 along with other accused has changed the parents' name of Bhumika, who is the daughter of accused No.1, and the names of accused Nos.5 and 6 are shown as the parents of Bhumika instead of accused No.1. The said complaint came to be registered in Yallapur Police Station Crime No.103/2021 for the offense under Sections 409, 420, 465, 468, 471 and 120B read with Section 149 of IPC. The petitioners along with accused No.1 filed Criminal Miscellaneous No.5219/2021 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, U.K., Karwar sitting at Sirsi, by order dated 11.11.2021. Therefore, the petitioners are before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent- State.
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4. Learned counsel for the petitioners would contend that, the main allegations are against accused No.1 and she has already been granted anticipatory bail by this Court in Criminal Petition No.100209/2022 and therefore, the petitioners are also entitled for grant of anticipatory bail on the ground of parity. It is his further submission that, the offences alleged against the petitioners are not punishable with death or imprisonment for life. Even after lapse of 1 year 3 months, investigation is not completed and therefore there is threat for these petitioners of their arrest. The petitioners are ready to co-operate with the police in the investigation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that investigation is in progress. The petitioners have helped accused No.1 in cheating the Government and availing the benefit under Matra Vandana scheme and also cheated the complainant. If the petitioners are granted -6- CRL.P No. 102853 of 2022 anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the order passed by the Sessions Court.
7. As per the averments of the complaint, 1 s t accused gave birth to her 1 s t child on 25.11.2014 which was suppressed by her and she got married the complainant on 26.02.2018. It is alleged that petitioner Nos.3 and 4/accused Nos.5 and 6 are shown as the parents of the 1 s t child of the 1 s t accused suppressing the fact that accused No.1 is her natural mother. The 1 s t accused on 05.08.2019 received the benefit under Matra Vandana scheme by submitting fictitious documents to the Child Welfare Committee, Yallapur. The 1 s t accused got delivered -7- CRL.P No. 102853 of 2022 a male baby on 28.08.2019. A complaint came to be filed on 25.06.2021. According to the counsel for the petitioners, there is serious misunderstanding between the complainant and his wife/accused No.1 and therefore, in order to harass her, certain bald allegations are made. The offences alleged are not punishable with death or imprisonment for life. Accused No.1, against whom serious allegations are made, has been granted anticipatory bail by this Court in Criminal Petition No.100209/2022 and therefore, these petitioners are also entitled for grant of anticipatory bail on the ground of parity. Even after lapse of 1 year 3 months, investigation is not completed. The petitioners have undertaken to co-operate with the police in the investigation.
8. The main apprehension of the prosecution is that, if the petitioners are granted anticipatory bail, they will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
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9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos.2, 3, 5 and 6 are ordered to be released on bail in the event of their arrest in Crime No.103/2021 of Yallapur Police Station subject to the following conditions:
i. The petitioners/accused Nos.2, 3, 5 and 6
shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer.ii. The petitioners/accused Nos.2, 3, 5 and 6
shall voluntarily appear before the Investigating Officer within fifteen days -9- CRL.P No. 102853 of 2022 from this day and execute bail bond and furnish surety.iii. The petitioners/accused Nos.2, 3, 5 and 6
shall co-operate with the police in the investigation make themselves available for interrogation whenever required.iv. The petitioners/accused Nos.2, 3, 5 and 6
shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.v. The petitioners/accused Nos.2, 3, 5 and 6
shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE kmv