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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2022

BEFORE

THE HON9BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No.1199 OF 2022

BETWEEN:

SRI.MAHAMAD RABJAL @ RABIVUAL,

S/O SOLAMAN,

HINDU,

AGED 28 YEARS,

R/AT NO.103, 1^ST CROSS,

KYALASANAHALLI, KOTTANUR,

BANGALORE 3 560 077.

ALSO AT

RAMIREDDY CIRCLE, VTU KUDLU POST,

BOMMANAHALLI,

BANGALORE 3 560 068.

&PETITIONER

(BY SRI.MURTHY K., ADVOCATE)

AND:

STATE OF KARNATAKA,

BY ITS HAL P.S.,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BANGALORE 3 560 009.

... RESPONDENT

(BY SRI.S.VISHWAMURTHY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER

ON

BAIL

IN

THE

EVENT

OF

HIS

ARREST

IN

CR.NO.213/2021 OF H.A.L. P.S., BENGALURU CITY FOR

THE OFFENCE P/U/S 419, 420, 471 OF IPC ON THE FILE

OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS

JUDGE,

AT

MAYO

HALL

BENGALURU

CITY

IN

CRL.MISC.NO.25067/2022.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard Sri.Murthy K, 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 above named

most humbly prays that this Hon9ble Court to

be pleased to enlarge him on anticipatory bail

and direct the respondent police, in the event

of the arrest of the petitioner in connection

with Crime No.213/2021 for the offences

alleged under Section 419, 420 and 471 of

IPC of HAL police and he may be enlarged on

bail by imposing such terms and conditions

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as this Hon9ble Court deems fit in the case by

setting

aside

the

order

passed

by

IV

Additional City Civil and Sessions Judge, at

Mayo

Hall

Bangalore

City

in

Cri.Misc.No.25067/2022 dated 31.01.2022

and allow this petition, in the interest of

justice and equity.=

3.

The brief facts of the case are as follows:

A complaint came to be filed by the Police

Inspector, Airport Traffic Police Station with H.A.L.

Traffic Police, contending that the petitioner herein was

the accused in respect of Crime No.27/2021 for the

offences punishable under Sections 379 and 304A IPC.

4.

The complainant being the Investigating

Officer of the said case, issued notice to the petitioner to

furnish the documents pertaining to the offending

vehicle including the driving licence of the petitioner

herein. On 15.07.2021, the petitioner herein furnished

the photocopy of the driving licence. On verification

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with the software available with the police, it is found

that the said licence was issued by Bahraich RTO,

Uttar Pradesh State and the licence number shown that

it was issued in favour of Sri.Shankar.

5.

Since,

the

accused

has

produced

the

photocopy of the fake licence, a complaint came to be

filed with the H.A.L. Police Station registered in Crime

No.213/2021 on 15.09.2021 and the police are

investigating the matter. In the meantime, the

petitioner approached the District Court for grant of

anticipatory bail which was turned down by order dated

31.01.2022 in Crl.Misc.No.25067/2022. Thereafter, the

petitioner is before this Court seeking grant of

anticipatory bail.

6.

This Court on 24.02.2022 gave time for the

petitioner to furnish the original driving licence before

this Court to appreciate the contentions of the parties.

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7.

Learned counsel for the petitioner submits

that he has instructed the petitioner to furnish the

original driving licence, but, he has not co-operated with

him.

8.

The grounds urged in the petition is opposed

by the learned High Court Government Pleader.

9.

Admittedly, the entire case hinges on the

production of the original driving licence. The photocopy

of the driving licence came to be furnished by t