JUDGMENT

V. Srishananda, J. - Heard Sri.Madhukar Nadig, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.

2. The present petition is filed under Section 438 Cr.P.C with the following prayer:

'Wherefore, the Petitioner respectfully prays that this Hon'ble Court be pleased to allow the Criminal Petition filed by the Petitioner under section 438 of criminal procedure code by, upon any terms and conditions by imposing to the Petitioner and grant anticipatory bail by directing the jurisdictional police of Doddapete Police Station Shivamogga to release the Petitioner in the event of nay arrest being made in connection with the registering the First information in No.65/2022 (CR No.67/2022, against the Petitioner for the offence punishable under section 420, 465, 468, 471, Read with section 34 of Indian Penal code on the written complaint filed on 09.02.2022, pending on the file of Before the Court of JMFC-II, Shivamogga, in the interest of Justice and equity.'

3. The brief facts of the case are as under:

The Manager, Indus Ind Bank lodged a complaint with Doddapete Police Station, Shivamogga on 09.02.2022 which came to be registered in Crime No.65/2022 for the for the offences punishable under Sections 420, 465, 468, 471 r/w Section 34 of IPC.

4. The gist of the complaint averments is that; a sale deed dated 31.01.2022 came to be given as a security to the Bank and sought for grant of loan based on the said property. On verification, it was found that the sale deed is a fake sale deed. The property stood in the name of petitioner - Sri.ashok S.Bidarekoppa.

5. after registering the case, the petitioner approached the District Court for grant of anticipatory bail which was turned down by order dated 19.02.2022 in Crl.Misc.No.169/2022 by the learned District and Session Judge, Shivamogga. Thereafter, the petitioner is before this Court.

6. Learned counsel for the petitioner Sri.Madhukar Nadig, reiterating the grounds urged in the bail petition, contended that the petitioner is innocent of the offences alleged against him. In fact, he has been impersonated by some body else to create the sale deed dated 31.01.2022, but the property mentioned in the said sale deed is belonging to him. Therefore, he is a victim in the incident and police are unnecessarily trying to arrest the present petitioner and sought for protection under Section 438 Cr.P.C.

7. Per contra, learned High Court Government Pleader opposes the bail petition.

8. Perused the material.

9. admittedly, the photographs and the signature found in the copy of the sale deed dated 31.01.2022 do not tally with the photograph found in the adhar Card. according to the petitioner, he has been impersonated by somebody else and the sale deed dame to be registered in favour of Sri.arun Kumar N, who is accused No.1. These aspects of the matter are to be investigated by the Investigating agency in detail and the truth is to be unearthed.

10. Taking note of the fact that prima facie photograph of the petitioner in adhar Card and sale deed are not tallying each other, there is prima facie sufficient substance in the contention urged on behalf of the petitioner that he may be victim in the incident. Therefore, his right is to be protected. at the same time, custodial investigation of the petitioner is also necessary to unearth the truth. accordingly, this Court pass the following;

ORDER

(i) The Criminal Petition is allowed.

(ii) Petitioner is directed to join the investigation by appearing before the Investigation agency ie., Doddapete Police on 22.02.2022 at 10.00 a.m.

(iii) The Investigation Officer is at liberty to take the petitioner to custody and complete the custodial investigation if any, on the same day before 5.00 p.m. Thereafter, let the petitioner be enlarged on bail, on executing a bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum.

(iv) Petitioner shall not directly or indirectly t