P.S. SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner - accused No.4 under Section 439 of the Cr.P.C. seeking his release on bail of the alleged offence punishable under Sections 420 r/w 34 of I.P.C. registered in respondent - Police Station Crime No. 100/2014.

(2.) HEARD the arguments of the learned Counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader for the respondent/State.

(3.) LOOKING to these averments in the complaint, it is specifically against the accused Nos.1 and 2 and the allegations are also clear in the complaint itself that the complainant gave the money into the hands of the accused No.1 and he has also gave the certificates of his son into the hands of accused No.1. Because of such specific allegations in the complaint, at the first instance FIR was registered only against the accused Nos.1 and 2. But the materials like remand application produced in this case goes to show that subsequently during the investigation stage on the basis of the statements of accused Nos.1 and 2, the present petitioner has also been arrested in the case. It is contended by the learned Counsel appearing for the present petitioner that there are no allegations in the complaint that he also involved in the commission of the alleged offence or the complainant gave the amount into the hands of the petitioner - accused No.4. Therefore, looking to these materials on record at this stage and as the present petitioner/accused No.4 has contended specifically in the bail petition that he has been falsely implicated in the case only basing on the voluntary statement of the accused Nos.1 and 2. He is innocent and he is ready to abide by any conditions to be imposed by the Court. The offence alleged under Section 420 of I.P.C. is triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life.