Shivani Thakur
Published on: April 5, 2022 at IST
Taking Note of the Cheating of one person in the Courts by Filling Separate Petition in different Courts at the same time seeking Anticipatory Bail in a Criminal Case, the High Court of Karnataka has curbed such Fraudulent means Issued Guideline including an evolved Technology based Mechanism for Deployment obtaining Anticipatory Bail from Courts.
The Order was issued by Justice H.P. Sandesh while dismissing Petition by Nanjappa, in Bangalore Rural District, who had sought Anticipatory Bail in a Criminal Case of Fraud through impersonation and creation of Land Records in 2021 at Chikkajala Police Station.
After Anticipatory Bail is refused in Bangalore Trail Court, the Petitioner had filed a Plea in the High Court for seeking Anticipatory Bail.
Simultaneously, he had filed the same Petitions in District Court of Mysuru and Tumakuru, using fictitious addresses, seeking Anticipatory Bail in the same Criminal Case.
By ordering the Registrar-General to file a Complaint with the Police, the High Court also Ordered the Police to complete the Investigation and submit a Report to the Court within three months of the Complaint’s filing.
The High Court determined that the Investigation was necessary because the Petitioner had not given any instruction to the respective Counsel to file Petition before the Tumakuru Court as well as Mysuru Court.
Guidelines:
The High Court directed its Registrar-General to develop a Mechanism in each Court to determine whether the similar Petition are made before any other Courts in the same Case.
The High Court also ordered that the Department of Prosecution inform all Public Prosecutors that they are the required to provide information to the Court on previous decisions for Bail in the same Case on the Accused after gathering the information from the Police Officers.
The High Court directed the Director-General and the Investigation-General of Police to replace the Investigation Officer because he is not only failed to Investigate the Criminal Case but also allowed him to Commit Fraud on the Courts.
