THIRTHAMMA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.48/2022 registered by the Jayanagara Police Station, Shivamogga for the offences punishable under Ss. 420, 463, 464, 465, 468, 471 read with Sec. 34 of IPC.

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that the complainant-Lokeshappa K.S., CAO of Shivamogga District Court filed a complaint to the Police on 14/6/2022 and the case was registered by the Police. It is alleged by the complainant that the petitioner herein joined a service as a Class-IV Employee-Peon in Shivamogga District Court by producing fake marks card of 7th Standard which is said to be issued by the Head Mistress-accused No.2 on 30/7/2004. On verification it was found fake, therefore, a Departmental Enquiry was initiated against the petitioner and the District and Sessions Judge had an enquiry and given report as the petitioner was guilt for producing the fake certificate and securing the job. Therefore, being the Appointing Authority, the District Judge directed to dismiss the petitioner from the service. Accordingly, she was removed from the service. The petitioner also filed an Administrative appeal in H.V/E and A 10/2021 before the High Court Administrative Judge which came to be dismissed with an observation to file a criminal complaint against the petitioner. Accordingly, a complaint came to be registered against the petitioner on the complaint of Chief Administrative Officer of the Court. Therefore, the petitioner apprehending her arrest in the hands of the Police, hence, she approached the Sessions Judge for granting anticipatory bail which came to be rejected. Hence, she is before this Court.