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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.102298/2021

BETWEEN:

SRI. RAMNATH VITTAL KAMAT

AGED ABOUT 39 YEARS,

OCC. BUSINESS,

RESIDING AT. SIDDESHWARA,

TORAKE, KUMTA,

UTTARA KANNADA DISTRICT,

PIN. 581 343.

...PETITIONER

(BY SRI. MURTHY DAYANAND NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY KUMTA POLICE STATION,

KUMTA-581 343,

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

HIGH COURT OF KARNATAKA,

DHARWAD-580 011.

... RESPONDENT

(BY SRI. RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 438 OF

CR.P.C.,

SEEKING

TO

ALLOW

THE

PETITION

DIRECTING

THE

RESPONDENT

TO

RELEASE

THE

PETITIONER/ACCUSED NO.3 ON BAIL IN THE EVENT OF

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HIS

ARREST

IN

KUMTA

POLICE

STATION,

CRIME

NO.161/2021 PENDING ON THE FILE OF THE CIVIL

JUDGE (JR. DVN) AND JMFC COURT, KUMTA, UTTARA

KANNADA DISTRICT, REGISTERED FOR THE OFFENCES

PUNISHABLE U/S 466, 420, 465, 468, 471 OF IPC.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

Accused No.3 has filed this petition under

Section 438 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the ‘Cr.P.C.’,

for brevity) seeking anticipatory bail in Crime

No.161/2021

of

Kumta

Police

Station,

registered for the offences punishable under

Sections 466, 420, 465, 468 and 471 of The

Indian Penal Code (hereinafter referred to as

the ‘IPC’, for brevity).

2.

The case of the prosecution is that

accused No.1, by assuring the complainant that

he will provide jobs in Health Department as

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there is call for jobs of attender, FDA, SDA and

Development Officer, and, in pursuance of the

same, he has collected Rs.31,46,390/- from

the

complainant

and

had

concocted

the

documents to cheat the complainant. The 2^nd

accused, by assuring that he will get back the

amount

from

1^st

accused,

has

received

Rs.8,00,000/-

from

the

complainant.

Investigating

Officer,

at

the

time

of

investigation,

has

implicated

this

petitioner/accused

No.3

on

the

voluntary

statement

of

accused

No.1.

The

petitioner/accused

No.3

apprehending

his

arrest,

has

filed

Criminal

Miscellaneous

No.352/2021 seeking anticipatory bail and the

same came to be rejected by the learned II

Additional District and Sessions Judge, Uttara

Kannada, Karwar, by order dated 30.10.2021.

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Therefore, the petitioner is before this Court

seeking anticipatory bail.

3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

4.

It would be the contention of the

learned counsel for the petitioner that the

name of this petitioner is not mentioned in the

complaint and FIR. The material allegations in

the complaint are against accused Nos.1 and 2.

The

name

of

this

petitioner

came

to

be

implicated only in the remand application of

accused Nos.1 and 4 on the basis of the

voluntary statement of accused No.1. Except

the voluntary statement of accused No.1, there

are no other material to connect this petitioner

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to the alleged crime. Accused Nos.1, 2 and 4

have been granted bail. The offences are

triable by judicial Magistrate and are not

punishable with death of imprisonment for life.

The petitioner is ready to co-operate with the

Police in the investigation. There are no

criminal antecedents of the petitioner. With

this, he prayed to allow the petition.

5.

Per

contra,

learned

High

Court

Government

Pleader

contended

that,

the

offences alleged against the petitioner are

serious offences. The petitioner/accused No.3

is in the habit of cheating the people on the

ground of getting jobs in the Government

Departments by forging the seal and signature

of

the

Government

Departments.

The