Allowed

Amtur Raphe v. State of Karnataka

Karnataka HC15 Mar 2023CRL.P/1561/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 438 Cr.P.C., the Karnataka High Court granted anticipatory bail to the petitioner, citing parity with a co-accused who had already been granted bail, while imposing standard conditions.

What did the court decide?

Petitioner granted anticipatory bail on terms: appear before IA on 30.03.2023, bond of Rs.50,000 with one surety, no tampering with witnesses, and regular court attendance.

Amtur Raphe Vs State of Karnataka — Karnataka HC (2023) — LawSathi Research

¶1

1 - CRL.P No. 1561 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 15^TH DAY OF MARCH, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 1561 OF 2023

¶6

BETWEEN:

¶7

AMTUR RAPHE, D/O ABDUL SATTAR, AGED ABOUT 42 YEARS, RESIDING AT 9TH CROSS, BHOVI COLONY GANDHI NAGAR, TIPTUR TOWN, TUMKUR, KARNATAKA - 572 201.

¶8

…PETITIONER

¶9

(BY SRI. TEJAS N., ADVOCATE FOR SRI. SANMUKH REDDY, ADVOCATE)

¶10

AND:

¶11

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

¶12

STATE OF KARNATAKA, BY NEW EXTENTION P S, TUMKURU DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001.

¶13

…RESPONDENT

¶14

(BY SRI. VINAYAKA V.S., HCGP)

¶15

THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER

¶16

¶17

CRL.P No. 1561 of 2023

¶18

ARREST IN CR.NO.9/2023 OF NEW EXTENSION P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 420, 468, 511 R/W 34 OF IPC ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) AND CJM, TUMKURU.

¶19

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

O R D E R

¶21

Heard Sri. Tejas N., learned counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.

¶22

Present petition is filed under Section 438 of Cr.P.C.

¶23

with the following prayer:

¶24

“Wherefore, the above named petitioner(accused No.2) most respectfully pray that, this Hon'ble Court be pleased to direct the respondent New Extension P.S. Tumkuru to release the petitioner on bail in the event of her arrest in Crime No.009/2023 for offence punishable under Section 420, 468, 511 R/w 34 of Indian Penal Code, which is pending on the file of Addl. Civil Judge (Sr.Dn.) and CJM, Tumkur Dist. at Tumkur, on such terms and conditions, in the ends of justice."

¶25

The brief facts of the case are as under:

¶26

¶27

CRL.P No. 1561 of 2023

¶28

A complaint came to be lodged by Gajendrakumara Gowda S/o. Srinivasaiah being the District President of Karnataka Rashtra Samithi Paksha with the New Extension Police, Thilak Park Circle, Tumakuru which was registered in Crime No.9/2023 on 31.01.2023 for the offences punishable under sections 420, 468, 511 read with section 34 of IPC.

¶29

The gist of the complaint averments reveals that on 16.12.2021, Amathur Rafe W/o Shafi Ulla delivered a female child in her house. With regard to the same, the second accused wanted a birth certificate for obtaining certain benefits from the Government. The petitioner issued such a certificate on 12.10.2022 in the capacity of Administrative Health Officer, Primary Health Care Centre, Kothithopu, Tumakuru Taluk. Issuance of such certificate was questioned and the petitioner cancelled the same by another letter dated 28.10.2022.

¶30

On receipt of the said complaint, police registered the case and are investigating the matter in respect of the aforesaid offences. In the meantime, petitioner has approached the VI Additional District and Sessions Judge at Tumakuru for grant of anticipatory bail in Crl.Misc.No.155/2023

¶31

¶32

CRL.P No. 1561 of 2023

¶33

which was dismissed by order dated 13.02.2023. Thereafter, the petitioner is before this Court.

¶34

Reiterating the grounds urged in the bail petition Sri. Tejas N., learned counsel for the petitioner sought for grant of bail and also pressed into service the ground of parity as this Court has granted the bail for co-accused - Dr.Lakshmikantha S.R.

¶35

Per contra, learned High Court Government Pleader however opposes the grant of bail contending that it is at the instance of this petitioner, the entire incident has occurred and in order to take the benefit of Government Schemes, a false

¶36

and concocted birth certificates were sought to be obtained with the aid of Dr. Lakshmikantha S.R. and sought for rejection of the bail application.

¶37

In the light of the rival contentions, this Court perused the materials on record meticulously.

¶38

This Court granted the bail to Dr. Lakshmikantha S.R., who is co-accused in Crl.P. No.1456/2023.

¶39

¶40

CRL.P No. 1561 of 2023

¶41

Suffice to say that the materials on record would not disentitle the petitioner in obtaining a similar order on the ground of parity alone as to petitioner stands on same footing that of co-accused.

¶42

Accordingly, without expressing further opinion on

¶43

merits of the matter, the following order is passed.

¶44

O R D E R

¶45

The Criminal Petition is allowed .

¶46

Petitioner is directed to appear before the Investigating Agency on *30.03.2023 at about 10.00 a.m.

¶47

Investigation Officer is at liberty to take the accused / petitioner to custody and complete the custodial investigation on the same day, before 5.00 p.m. and thereafter, enlarge the petitioner on bail, on petitioner executing a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum.

¶48

Petitioner shall co-operate with the Investigating Agency.

¶49

Corrected vide Court order dated 24.03.2023.

¶50

6 - CRL.P No. 1561 of 2023

¶51

Petitioner shall not tamper with the prosecution witnesses in any manner.

¶52

Petitioner shall attend the Court regularly.

¶53

If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.

Ordered accordingly.

Sd/JUDGE

VBS

List No.: 1 Sl No.: 42 CT: BHK

Amtur Raphe v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Amtur Raphe v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naveen Purushotham Vs State of Karnataka

Prathap Singh @ Prem Bahaddur Khatri Vs State of Karnataka by

Shivaraju @ Shivu Vs the State of Karnataka

Imran Khan a 2 Vs the State of Karnataka

Sri Rajesh Mesta @ Rajesh Nagesh Vs the State of Karnataka

Mr Thimmappa Poojary Vs the State of Karnataka