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Judgment
S Vishwajith Shetty, J
Accused No.1 in Crime No.145/2022 registered by Holalkere Police Station, Chitradurga District for the offences punishable under Sections 404, 405, 415, 420, 423, 463, 464, 466, 468, 470 R/w 149 of IPC is before this Court under Section 438 of Cr.P.C.
Heard the learned Counsel appearing for the petitioner and learned High Court Government Pleader for respondent - State.
Smt. Padmaja A.G., W/o. Ramanatha Shetti had filed PCR No.76/2021 before the Court of Senior Civil Judge & JMFC, Holalkere which was referred to jurisdictional Police by the learned Magistrate and in turn, the Holalkere Police had registered FIR in Crime No.145/2022 against the petitioner and 5 others. Investigation in the case is complete and charge sheet has been filed in the said case only as against the petitioner herein and insofar as the other accused persons, charge sheet is not filed. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.94/2023 before the Sessions Court which was dismissed on 13.02.2023. Therefore, he is before this Court.
Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that after filing of charge sheet, the jurisdictional Court of Magistrate has issued summons to the petitioner and it is only thereafter, the petitioner has filed the application seeking anticipatory before the Sessions Court and the same was dismissed. He submits that in the charge sheet, there is no allegation that the petitioner was absconding and he had not cooperated for the purpose of investigation. Accordingly, he prays to allow the petition.
Learned HCGP appearing for respondent - State has opposed the bail application.
The allegation against the petitioner is that he had forged the signature of A.G. Sridhar, who had executed a special power of attorney in his favour. A.G. Sridhar allegedly had died on 18.07.2020 and even after his death, the petitioner acting as his power of attorney, allegedly had executed certain sale deeds in favour of certain persons. Investigation in the case is complete.
The allegation against the petitioner is based on documentary evidence. At this stage, custodial interrogation of the petitioner is not required. After the charge sheet was filed, the Magistrate has issued summons to the petitioner. At this stage, the petitioner has approached the jurisdictional Sessions Court with a prayer for anticipatory bail and the same was dismissed.
The offences alleged against the petitioner are neither punishable with death nor with life imprisonment. Charge sheet allegation against the petitioner is required to be proved in a full fledged trial. This Court has already granted anticipatory bail to the petitioner in Crl.P.No.10469/2023, disposed of on 03.11.2023. Under these circumstances, I am of the view that the prayer made by the petitioner for grant of discretionary relief of anticipatory bail is required to be answered affirmatively.
Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.145/2022 registered by Holalkere Police Station, Chitradurga District for the offences punishable under Sections 404, 405, 415, 420, 423, 463, 464, 466, 468, 470 R/w 149 of IPC subject to the following conditions:
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer.
b. The petitioner shall regularly appear before the Trial Court without fail, unless exempted by the Trial Court for valid reasons.
c. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of charge sheet.