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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No.200469/2021

BETWEEN:

Raghavendra S/o Nagaraj Bhovii

Age: 35 years, Occ: Petty Business

R/o Gurugunta, Tq.Lingasugur

Dist.Raichur

… Petitioner

(By Sri Shivanand V. Pattanashetti, Advocate)

AND:

The State of Karnataka

R/by Addl. SPP Kalaburagi

Bench

(Trough Lingasugur P.S.

Dist.Raichur)

… Respondent

(By Sri. Sharanabasappa M. Patil, HCGP)

This Criminal Petition is filed under section 438 of

Cr.P.C.

praying

to

grant

anticipatory

bail

to

the

petitioner/accused No.2 and direct the Lingasugur police to

release the petitioner/accused No.2 on bail in the event of

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his arrest in Lingasugur P.S. Crime No.227/2019, for the

offences punishable u/s 420 of IPC, pending on the file of

Prl. Civil Judge (Jr.Dn.) & JMFC Court, Lingasugur,

Dist.Raichur.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

Petition is filed under Section 438 of Cr.P.C. seeking

grant of anticipatory bail.

2.

Brief facts, which are necessary for disposal of

petition are as under:

Upon a complaint lodged by Paramanna S/o

Ayyappa, Lingasugur police registered a case in Crime

No.227/2019 for the offence punishable under Section 420

of IPC against the petitioner herein. After registration of

the case, police investigated the matter. After thorough

investigation filed abscondence charge sheet against the

petitioner herein. In the meantime, petitioner

had

approached

the

Sessions

Court,

Raichur

in

Cril.Misc.No.1190/2019, which came to be rejected.

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3.

The complaint averments reveal that one

Vijayakumari S. and Raghavendra (petitioner herein) were

roaming around in the village of the complainant and

spread the news that they are having good relationship

with the government officials and they are sufficient

influence and they would get the government job in

different schemes and those who are interested in getting

government job meet them and pay the necessary

expenditure to get the job. Accordingly, the villagers

namely,

Mahiboobsab,

Annayya,

Amaresh,

Syed,

Vijayakumar, Shankrayya, Buddesab, have visited the

accused persons and enquired the accused persons. The

accused demanded a sum of Rs.90,000/- from the

complainant for the post of Hostel Warden. So also others

requested for other jobs and they also paid money to the

accused persons. After receipt of the money, both

Vijayakumari and Raghavendra-petitioner herein left the

village and did not get the job as promised and therefore

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left with no other alternative, the complainant approached

the police and filed the present complaint.

4.

Learned

counsel

for

the

petitioner

Sri Shivanand Pattanashetti, submits that the offence

alleged against the accused-petitioner is not so grave so as

to deny the grant of anticipatory bail and prays for

allowing the petition. He also argues that now charge

sheet is filed, petitioner indulging in destruction of

prosecution evidence is not available to the prosecution

and therefore, petition be allowed.

5.

Per contra, learned High Court Government

Pleader submits that very fact that disposal of anticipatory

bail in the month of November 2019 till today accused

being absconding and police having filed abscondence

charge sheet that itself shows that accused is not a law

abiding citizen. Therefore bail petition be rejected .

6.

He also argues that signature, handwriting and

other samples are necessary from the accused during the

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course of investigation and if the anticipatory bail is

granted, the prosecution will loose the benefit of custodial

interrogation. Thus, sought for dismissal of bail petition.

7.

Having heard the arguments and perused the

records, it is seen that the accused persons have received

money through cheque from the complainant and