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2022 DIGILAW 844 (KAR)

Narasimhamurthy M. v. State of Karnataka

2022-07-04

H.P.SANDESH

body2022
JUDGMENT 1. This petition is filed under Sec. 438 of Cr.P.C., praying this Court to enlarge the petitioner/accused No.2 on bail in the event of his arrest in respect of Crime No.86/2022 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Ss. 419, 420, 465 and 468 read with Sec. 34 of IPC. 2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case of the prosecution is that the Sale Deed is created by fictitious persons. In that Sale Deed, this petitioner has attested the said fictitious documents. Hence, invoked the offences punishable under Ss. 419, 420, 465 and 468 read with Sec. 34 of IPC against this petitioner. 4. The learned counsel appearing for the petitioner would submit that this petitioner is an Advocate and he only attested the documents. He was not aware of whether the said document is a forged document by fictitious persons by impersonating the original owner. The petitioner is ready to obey the conditions that may be imposed by this Court and assist the Investigating Officer for investigation in the matter. Hence, he may be enlarged on bail. 5. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner being an Advocate attested the document knowing fully well that the said document is a forged document by fictitious persons and claiming that they are the owners. Hence, there is a prima facie case against the petitioner herein. 6. Having heard the respective counsel and also on perusal of the material available on record, the allegation against this petitioner is that he had attested the document of registration. The only question to be considered is with regard to whether the petitioner had the knowledge and knowing fully well that it is a fictitious document, he attested the same has to be probed during the course of investigation. Hence, it is a fit case to exercise the discretion in favour of the petitioner under Sec. 438 of Cr.P.C., subject to the condition that he has to appear before the Investigating Officer to assist him for investigation. 7. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Hence, it is a fit case to exercise the discretion in favour of the petitioner under Sec. 438 of Cr.P.C., subject to the condition that he has to appear before the Investigating Officer to assist him for investigation. 7. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in the event of his arrest in connection with Crime No.86/2022 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Ss. 419, 420, 465 and 468 read with Sec. 34 of IPC, subject to the following conditions:- (i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer. (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for. (iv) The petitioner shall not leave the jurisdiction without prior permission of the Investigating Officer till the charge sheet is filed or for a period of three months, whichever is earlier. (v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.