IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATEDTHIS THE 24I’H DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10402/2011 Between: Hanumanthappa S/o.Laxmappa Mornal, Age 42 years, 0cc.: Coolie, R/o. Alawandi, Tq. & Dist.: Koppal. Petitioner (By Sri.T.Hanumareddy, Advocate) And: The State of Karnataka, Through Kustigi Police Station, Kustigi, Dist.: Koppal, R/By SPP, High Court of Karnataka, Circuit Bench at Dharwad. Respondent (By Sri. Vinayak Kulkarni, HCGP) This criminal petition is filed u/S.438 of Cr.P.C. seeking to direct the respondent police to release the petitioner in the event of his arrest in Crime No.30/2011 on the file of the Kustigi Police Station, Kustigi, Dist.: Koppal for offences p/u/s 468 and 471 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s counsel and the learned High Court Government Pleader for the State in respect of the anticipatory bail sought by the petitioner along with accused No.1 are the accused in Crime No.30/2011 in respect of the offence punishable under Section 468 and 471 of the IPC. 2. The prosecution case in short is that, the accused No.1 Smt.Kasturibai Malashetty is working as SDA in Kustigi Tahsildar Office distributed the cheques to persons who had sustained loans, due to heavy rain in the process the said accused misused the 32 cheques by issuing the name of different persons, these cheques were presented to the account of this petitioner. 3. Submission of the petitioner’s counsel is that the main accused A-i having granted anticipatory bail by the trial Court and therefore this petitioner also can be granted the same relief. Apart from this petitioner is also handicapped person and as such the special circumstances also be considered for grant of anticipatory bail. -3- 4. Having thus heard petitioner’s counsel and also the learned High Court Government Pleader for the State and this petitioner is said to be handicapped person and the main accused having been released on anticipatory bail by the trial Court, this petitioner also can be released on anticipatory bail by imposing conditions to safeguard the prosecution interest. Hence, I pass the following order: ORDER i) In the event of arrest of petitioner in connection with Crime No.30/2011, Kustigi Police Station, he shall be released on anticipatory bail subject to furnishing personal bond for 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii) Petitioner shall not tamper with the evidence and shall not give threat to the witnesses. iii) Petitioner shall appear before the investigating officer as and when they are -4- called upon to do so and shall assist the investigating officer in the investigation. iv) Petitioner shall mark his attendance before R the Bagii on every Saturday between 10.00 a.m and 5.00 p.m. till filing of the charge sheet. v) He shall not involve himself in like offences in future. Sd/ JUDGE Vnp * VJJ: CrLP.No.10402/2011 29.03.2011 ORDER ON BEING SPOKEN TO The order passed on 24.03.2011 at page No.4 the Police Station be read as “Kustigi Police Station” in stead of “Bagalkot Town Police Station”. JUDGE Vnp *