This petition is filed by the petitioner-accused No.1

under Section 438 of Cr.P.C. seeking anticipatory bail in

Crime No.49/2022 registered by Jayanagara Police Station,

Shivamogga for the offences punishable under Sections 420,

463, 464, 465, 468, 471 read with Section 34 of Indian

Penal Code, 1860.

2.

Heard learned counsel for the petitioner and

learned High Court Government Pleader for the respondent-

State.

3.

The case of the prosecution is that one

Sri.Lokeshappa K.S., Chief Administrative Officer, District &

Sessions Court, Shivamogga has filed a complaint with the

police on 14.06.2022 alleging that the petitioner is said to

have secured the job as Peon by producing fake marks cards

obtained from accused No.2 and the same was confirmed in

3

the Departmental Inquiry held in HV/E & A No.19/2021 and

subsequently he was terminated from services, and an

Administrative Appeal was filed before the High Court and

the same was taken up by the Administrative Judge and

while confirming the order of dismissal, it has directed the

District Court to file a complaint, accordingly, this complaint

came to be filed. The petitioner apprehending his arrest at

the hands of the Police, approached the Sessions Judge for

bail, which came to be rejected. Hence, the petitioner is

before this Court.

4.

Having heard the learned counsel for the parties

and on perusal of the records, it reveals that the petitioner

secured the job by producing fake marks card issued by

accused No.2, the Head Master of Primary School at

Honnalli, Davanagere District. After securing the job he was

also promoted after declaration of probationary period

successfully.

Thereafter,

it

came

to

know

that

the

certificates were bogus one. Subsequently, the departmental

inquiry was held and it was proved and ultimately the

petitioner was terminated from services. Even in the

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Administrative Appeal, it was confirmed and at the direction

of the High Court, this criminal complaint has been filed.

5.

In a similar case, this Court granted anticipatory

bail

to

one

Smt.Thirthamma

on

27.07.2022

in

Crl.P.6371/2022. Though the offences alleged are non

bailable, but are not exclusively punishable with death or

imprisonment for life and are triable by the Magistrate.

6.

Considering the facts and circumstances, when

the petitioner is already dismissed from services, sending

him to jail will not serve any purpose except for trial.

Therefore, if bail is granted to the petitioner by imposing

stringent conditions, no prejudice would be caused to the

prosecution case. Accordingly, I pass the following:

ORDER

The Criminal Petition is allowed.

The respondent – Police are directed to release the

petitioner-accused No.1 on bail in the event of his arrest in

Crime No.49/2022 registered by Jayanagara Police Station,

Shivamogga for the offences punishable under Sections 420,

5

463, 464, 465, 468, 471 read with Section 34 of Indian

Penal Code, 1860, subject to the following conditions:

(i)

Petitioner shall execute a personal bond

for a sum of Rs.2,00,000/- with two

sureties

for

the

likesum

to

the

satisfaction of the Investigating Officer;

(ii)

Petitioner shall surrender before the

Investigating Officer within 15 days from

the date of receipt of certified copy of

this order;

(iii)

Petitioner shall not indulge in similar

offences strictly;

(iv)

Petitioner shall not directly or indirectly

tamper with any of the prosecution

witnesses;

(v)

Petitioner shall be deemed to be in

custody for the purpose of recovery under

Section 27 of the Indian Evidence Act for

getting

specimen

signature

for

the

purpose of expert’s opinion;

(vi)

Petitioner

shall

appear

before

the

Investigating Officer as and when called

for the purpose of investigation; and

(vii)

Petitioner

shall

appear

before

the

Investigating

Officer

and

mark

his

attendance on every Monday between

10.00 a.m. and 4.00 p.m. for a period of

three months or till filing of the charge

sheet, whichever is later.

Sd/-

JUDGE

BSR