The High Court of Karnataka granted anticipatory bail to a petitioner apprehending arrest in a case involving forged caste and income certificates. The court allowed the petition and fixed a personal bond amount with surety conditions.
The petitioner was allowed anticipatory bail and directed to execute a personal bond for Rs.40,000 with a surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.200607/2016
BETWEEN: Santosh S/o Gundappa Age: 32 years, Occupation: Private Service, Resident of PWD Quarters, B/11, Rajapur Road, Prashant Nagar, Near R.T.O Kalaburagi.
… PETITIONER
(Shri Venkatesh C. Mallabadi, Advocate)
AND: The State through Brahmpur Police Station, District: Kalaburagi.
… RESPONDENT
(Shri P.S. Patil, Government Pleader)
This Criminal Petition is filed under 438 of Code of Criminal Procedure, 1973, praying to allow the petition and
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issue necessary direction to the respondent Police to release the Accused/Petitioner on bail in Crime No.148/2015 of Brahmpur Police Station District Kalaburagi, in the event of his arrest, which is registered for the offences punishable under Sections 420, 465, 468, 471 of Indian Penal Code.
This petition coming on for orders this day, the Court made the following:
O R D E R
Heard the learned Counsel for the petitioner. The office
objection as regards the illegible indication of names of the accused, is over-ruled.
Kalaburagi has lodged a complaint alleging that the parents of many of the students who were admitted to school in the year 2015-16, have obtained the caste and income certificates on the strength of forged documents and that action be initiated against the said parents. Having learnt about this initiative on the part of the Tahsildar, the petitioner apprehending arrest had
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approached the court below seeking anticipatory bail. The same has been rejected on the ground that they may be required for interrogation and that granting bail to them would result in the petitioners keeping themselves out of reach of the law.
However, it is noticed that in other similar cases where other parents similarly placed, had approached this court, they have been granted bail. Therefore, by the same token of reasoning, the petitioner is also entitled to be enlarged on bail.
Accordingly, the petition is allowed and in the event of his arrest, the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety for a likesum;
the petitioner shall undertake to co-operate with the investigating authorities as and when called upon, to assist in the investigation;
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the petitioner shall not leave the jurisdiction of the Court
below without the leave of the Court; and
the petitioner shall not, in any manner, seek to tamper
with the prosecution evidence.
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3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in view of similar grants in other cases for similar offences.
Whether a personal bond with surety and undertakings satisfies the requirements of bail.
Whether the objection regarding illegible names of accused warrants rejection of the bail petition.
1 provisions across 1 enactments
Santosh S/o Gundappa
The State through Brahmpur Police Station, District: Kalaburagi
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
