The main legal point established in the judgment is that custodial interrogation may be necessary in cases involving forgery and fabrication of documents, especially when the accused are well aware of the illegality of their actions.

JUDGMENT

K. Natarajan, J. - Criminal Petition no. 6953/2022 is filed by petitioner/accused no. 3 under Section 438 of Cr.P.C. for granting anticipatory bail and Crl.P. No. 7087/2022 is filed by petitioner/accused no. 1 under Section 439 of Cr.P.C. for granting regular bail in Crime No. 62/2022 registered by the Galpet Police Station, Kolar District for the offences punishable under Sections 465, 468, 471 and 420 of IPC.

2. Heard the arguments of learned counsel in both cases and learned SPP -II for the State.

3. The case of the prosecution is that on 23.06.2022 one Nagaraj, Tahasildar of Kolar taluk had filed complaint with the police alleging that he has received a file pertaining to land in Sy. No. 127 measuring 3 acres 23 guntas situated at Alahalli village, Vakkaleri Hobli, which is a locked land came for sanctioning in favour of accused no. 5-M/s. Sun Large Properties Pvt., Ltd., along with the sanction order allegedly being forged the signature of Deputy Commissioner, after verifying the colour xerox of the sanction order passed by the Deputy Commissioner he suspected the genuinity of the sanction order. Therefore, after making preliminary enquiry he has filed complaint with the police. After registering the case, police arrested accused no. 1-Manjunath, who said to be the Revenue Inspector of Vakkaleri Hobli, who said to be given the survey report by way of mahazar without mentioning the date. Police has also arrested accused no. 2 who said to be case worker and during the investigation it was revealed that the accused no. 1-Manjunath, Revenue Inspector and accused no. 4 who said to be land broker came to the office of the Tahasildar, L&D branch where one Gayatri was working at Tappal section, they themselves entered the inward register of the said file and taken the file to Srinivas-accused no. 3 who is the petitioner in Crl.P. no. 6953/2022. Subsequently, he said to be endorsed and forwarded the same to the Tahasildar for passing final order.

4. After arresting accused no. 1 and 2, remanded to the judicial custody. The name of petitioner/accused no. 3 mentioned in the statement of witnesses. Police making hectic effort to arrest accused no. 3 in this case. Therefore, he has approached the Sessions Judge for grant of anticipatory bail, which came to be rejected and he is before this Court for granting Anticipatory Bail.

5. Accused no. 1, who said to be arrested and was remanded for judicial custody. His bail petition has also came to be rejected by Sessions Judge. Hence, he is before this Court for granting regular bail.

6. Learned counsel for petitioner/accused no. 3 has contended that the petitioner is innocent for the alleged offences. His name is falsely implicated by further statement by complainant. Even in remand application there is no allegation against this petitioner-accused no. 3 for having committed any offence. He has worked in Tahasildar Office for more than 20 years as a Shirastedar and even his admitted signatures are available to the office for getting opinion of handwriting expert. He may not be required for custodial interrogation, even otherwise, he is ready to abide by any condition which may be imposed by this Court. He himself surrender before the Investigating Officer and ready to give his specimen signature for getting handwriting expert's opinion. The alleged offences though non-bailable but not punishable for death or imprisonment for life and triable by Magistrate and therefore prayed for granting of anticipatory bail.

7. Learned counsel for petitioner/accused no. 1 has contended that petitioner is in custody almost for more than 45 days. Investigation in respect of this petitioner is already completed. Except filing charge sheet his presence may not be required for further custodial interrogation. Accused no. 2 has already granted bail by the Coordinate Bench of this Court. He is ready to abide by any conditions that may be imposed by this Court. Police likely to file charge sheet within couple o