JUDGMENT K.Natarajan, J. - This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. for granting bail in Crime No.195/2013 of Challakere Police Station on the file of Principal Civil Judge and JMFC, Challakere in C.C.No.810/2014 for the offences punishable under Sections 420, 465, 419, 467, 120(b) read with Section 34 of IPC. 2. Learned Special Public Prosecutor has filed statement of objections to the bail petition. 3. I have heard the learned counsel for the petitioner and learned SPP and perused the records. 4. The case of the prosecution is that the one N. Devendrappa S/o. Sunkappa, complainant filed a complaint in the Challakere Police Station on 14.06.2013. On the basis of the complaint, the police registered a case in Crime No.195/2013 for the above said offences. It is alleged that the complainant-N. Devendrappa was the owner of the site bearing No.34, Katha No.1123/1201 measuring 44 x 66 ft. and accused No.2 N. Devendrappa impersonating the complainant executed a sale deed in favour of accused No.1 and sold the site of the complainant thereby cheated the complainant by creating false document in the name of the complainant in collusion with accused Nos.1, 3 & 4. Based on the complaint, FIR has been registered by the police. Accused Nos.1, 3 & 4 are said to be granted bail by the trial Court. Accused No.2-N. Devendrappa filed an application for anticipatory bail and obtained anticipatory bail before the Principal District Judge, Chitradurga in Crl. Misc. No.427/2013 dated 11.10.2013. Subsequently, the said accused-N. Devendrappa @ Thippeswamy S/o. Sunkappa @ Krishnappa surrendered before the police and obtained a bail by executing bail bond along with one surety. Subsequently, the said accused No.2 failed to appear before the trial Court. Therefore, the trial Court issued NBW and finally, after five years, accused No.2, the present petitioner calling himself as Nagarajappa @ Nagaraja S/o. Basaiah has been arrested by police by executing warrant and produced before the Court on 13.02.2019 and the bail application also filed before the learned Magistrate. The same was rejected by the learned Magistrate by an order dated 11.03.2019. Subsequently, the petitioner/accused No.2 has approached the Sessions Court for granting bail, the same came to be rejected on 12.04.2019 in Crl. Misc.No.326/2019. Being aggrieved by the same, the petitioner is before this Court. 5. The same was rejected by the learned Magistrate by an order dated 11.03.2019. Subsequently, the petitioner/accused No.2 has approached the Sessions Court for granting bail, the same came to be rejected on 12.04.2019 in Crl. Misc.No.326/2019. Being aggrieved by the same, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the bail petition sought for mainly on the ground that his name is Nagarajappa S/o. Basaiah of Chitradurga, aged about 59 years, wherein the person who was executed the sale deed was Devendrappa S/o. Krishnappa is aged about 64 years. The police with a mistaken identity arrested this petitioner and on some other ground. During the pendency of this petition, this Court, based upon grounds made out by the petitioner/accused, passed an order on 08.07.2019 directing the trial Court to hold an enquiry and submit a report and report is still awaited. 6. At this stage, learned counsel for the petitioner submits that the enquiry report is not yet received and he will not press the ground Nos.5 and 6 of the petition as per the memo dated 03.11.2020. However, the petitioner/accused is in jail nearly 1 year 9 months. The alleged offences though non-bailable but not punishable with death or imprisonment for life and he is ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties and prayed for granting bail. 7. Per contra, learned SPP already filed written objections contending that he is the person who has obtained anticipatory bail and also executed bond before the Police and thereafter absconding from the case. If he released on bail, definitely again he may be absconded. Further, he would contended that the petitioner/accused taken false plea of mistaken identity claiming to be Nagarajappa S/o. Basaiah until receipt of the enquiry report from the trial Court and he shall not be released on bail and copy of the bail bond is also produced before the Court to show that he was a person who obtained anticipatory bail and surrendered before the police and executed a bond. Hence, he prays to dismiss the petition. 8. Upon hearing the arguments and perusal of the records, it go to show that no doubt the petitioner/accused claimed to be Nagarajappa S/o. Basaiah from the beginning at the time of production of accused before the Magistrate on 13.02.2019. Hence, he prays to dismiss the petition. 8. Upon hearing the arguments and perusal of the records, it go to show that no doubt the petitioner/accused claimed to be Nagarajappa S/o. Basaiah from the beginning at the time of production of accused before the Magistrate on 13.02.2019. The order sheet also reveals that he has stated that police arrested in the name of Devendrappa S/o. Krishnappa but he is Nagarajappa S/o. Basaiah. Same ground has been taken before the Sessions Judge. Both the Courts have rejected the bail petition but not hold any enquiry to find out whether this petitioner really Nagarajappa S/o. Basaiah or Devendrappa S/o. Krishnappa. However, during the pendency of this bail petition, this Court passed an order dated 08.07.2019 directing the trial Court to hold an enquiry and submit report. However, report is not received in spite of lapse of 1 year 3 months. Be that as it may, the enquiry report is still awaited, however, the petitioner/accused either accused No.2-Devendrappa or Nagarajappa, it has to be considered only after receipt of the enquiry report. However, the petitioner/accused cannot be detained in jail and Court cannot be hold a mini trial for the purpose of granting bail to the petitioner/accused. Though the alleged offences are non-bailable but not punishable with death or imprisonment for life and the offences are triable by Magistrate and it is also reveals that accused Nos.1, 3 & 4 have already granted bail by the trial Court. Therefore, by pending consideration of the enquiry report from the trial Court, I feel it fit case for granting bail to the petitioner/accused by imposing some conditions. However, it is made clear that in case the petitioner/accused found that he is Devendrappa S/o. Krishnappa subject to report received from the trial Court and he will be held for the guilty for the contempt of Court and impersonation punishable under Section 419 of IPC. Therefore, taking action against the petitioner, pending consideration of the receipt of the report until the petitioner is to be released on bail. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. Therefore, taking action against the petitioner, pending consideration of the receipt of the report until the petitioner is to be released on bail. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. The trial Court is directed to be released the petitioner/accused on bail Crime No.195/2013 of Challakere Police Station on the file of Principal Civil Judge and JMFC, Challakere in C.C.No.810/2014 for the offences punishable under Sections 420, 465, 419, 467, 120(b) read with Section 34 of IPC, subject to the following conditions: i) Petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court. ii) He shall furnish his identity card and Aadhar Card and any other documents before the trial Court along with his permanent address before his release. iii) He shall take trial without any delay. iv) Trial Court is directed to expeditious the enquiry and submit a report within a period of 60 days from the date of receipt of certified copy of this order. v) The office is directed to put up the file after receipt of the enquiry report of the trial Court.