Dr Mallikarjun Revappa Pattanshetty v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 828 OF 2023 Dr. Mallikarjun Revappa Pattanshetty ... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Satyavrat Joshi a/w. Mr. Shubham Mhatre i/b. Mr. Jaydeep D. Mane for the Applicant.

Mr. Shrikant Yadav, APP for the State.

Mr. R.R. Mulani, Inspector, Kurduwadi Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 21st MARCH, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.208/2022 registered with Kurduwadi Police Station, Solapur for offences punishable under sections 416, 417, 419, 420, 467, 468, 471 r/w. 34 of the Indian Penal Code.

2.

Heard learned counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3.

The aforesaid crime was registered pursuant to the FIR lodged by Mangal Uttareshwar Satav, an Officer in Animal Husbandry 1/3

Department, Madha. It is alleged that Vaibhav Anantkavlas (accused no.1) obtained bogus disability certificate dated 22/07/2011 stating that his son Shreyas was suffering from schizophrenia. It is alleged that the son of the accused no.1-Shreyas Vaibhav Anantkavlas was born subsequently i.e., on 04/03/2014. It is further alleged that on the basis of false documents, the accused no.1 sought transfer from Animal Husbandry, Podgaon to Animal Husbandry, Madha. It is stated that at the relevant time, the Applicant was working as Medical Officer in the General Hospital, Solapur and he has countersigned the disability certificate.

4.

It is not the case of the prosecution that the Applicant had prepared any false document. The only allegation against the Applicant is that, in the capacity of Medical Officer, he countersigned the certificate produced by the accused no.1. The Investigating Agency has obtained the original certificate. The Applicant is stated to be 63 years of age and has retired from service.

5.

Considering all the facts and circumstances and particularly the nature of the accusations, this is not a case which would justify custodial interrogation. Moreover, it is stated that the main accused 2/3

has been arrested and is released on bail. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of the arrest of the Applicant in C.R.No.208/2022 registered with Kurduwadi Police Station, Solapur, he shall be released on bail on furnishing bail bonds in the sum of Rs.15,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when required by the Investigating Officer ; (c) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

6.

The Application stands disposed of.

PREETI H JAYANI PREETI H JAYANI Date: 2023.03.28 10:55:57 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3