- 1 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1518 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: ABHISHEK H.M., S/O LATE MUTHE GOWDA, AGED ABOUT 29 YEARS, R/AT BRAHAMANARA BEEDHI, HALAGUR POST, MANDYA DISTRICT-571 401 …PETITIONER (BY SMT. SHILPA S GOGI, ADVOCATE FOR SRI. BHARGAV N., ADVOCATE) AND: STATE OF KARNATAKA BY RAMNAGARA TOWN POLICE RAMNAGARA, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU)-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE I.E., RAMANAGAR TOWN POLICE, TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN CR.NO.117/2024 BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 RAMANAGARA TOWN P.S., FOR THE OFFENCE P/U/S 336(2), 337, 339 OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DIV.) AND CJM COURT, RAMANAGAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.117/2024 of Ramanagara Town Police Station, is registered against the petitioner for offences punishable under Section 336(2), 337 and 339 of the BNS, 2023 on a complaint lodged by the Project Director, CEO Office, ZP Ramanagar. 3. It is alleged that the petitioner who was working as FDA in the office of Zilla Panchayat, Ramangara, by forging the signature of the CEO, fabricated a letter in respect of appointment of Technical - 3 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 Assistant Engineer on contract basis, under Mahathma Gandhi Narega Scheme. 4. As per complaint averments, on 26.08.2024 petitioner fabricated a letter of the CEO in the name of one Madhu. R., on the basis of which, the said person was appointed as a Technical Assistant Engineer under contract basis. The letter was allegedly issued to one Invensys Company. The said person by name Madhu. R., started to discharge duties as Technical Assistant Engineer on the basis of the fabricated letter allegedly issued by the petitioner. Complaint is lodged on 06.12.2024. 5. The petitioner claims to be innocent. It is contended by the learned counsel that petitioner is working as a FDA and he is not the appointing authority. He contended that a circular was issued in March, 2020, to the Principal, Government Engineering College, Ramanagar, for the selection to the post of Technical Assistant Engineer on contract basis under Mahathma Gandhi Narega Scheme and the Principal of the said - 4 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 college selected a student by name Madhu. R. Petitioner has only collected the application along with documents and handed over the same to the complainant and it was the duty of the complainant to scrutinize the documents. She contended that the said person by name Madhu. R. has been working under the said scheme on contract basis and after an inordinate delay of 3 months a false complaint has been lodged against the petitioner. 6. Learned High Court Government Pleader has opposed the prayer for bail contending that the investigation is under progress and petitioner is required for investigation, and if anticipatory bail is granted he will not cooperate with the investigation of the case. 7. According to the learned counsel, the petitioner has only forwarded the application and it is the duty of the complainant to verify before appointing the Technical Assistant Engineer on contract basis under the scheme. It is also contended that the said person has been - 5 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 discharging his duty and after an ordinate delay of 3 months, complaint was lodged. 8. Allegations have to be proved in due course. Petitioner has undertaken to abide by conditions. His custodial interrogation may not be necessary, in the facts and circumstances of the case. Hence, by imposing suitable conditions, the relief sought by the petitioner can be granted. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.117/2924 of Ramanagar Police Station, shall be released in the event of his arrest subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a surity for the likesum. - 6 - NC: 2025:KHC:7905 CRL.P No. 1518 of 2025 b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) He shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) He shall not tamper with the prosecution witnesses either directly or indirectly. f) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 37 CT:SNN