First Additional District and Sessions Judge T.P. Ramalingegowda has granted anticipatory bail to senior advocate Asha Nayak in a case related to the production of forged document to a city court.
The case relates to the private complaint filed in 2011 by Shirestedar of Principal Civil Judge Court, Shivakumar Swamy Hiremath, before the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangaluru, against Gladias D. Almeida accusing the latter of producing a forged divorce decree in court.
The Mangaluru North Police registered the case and filed a chargesheet against Almeida for offences punishable under Sections 120 (B), 465, 466, 467, 468, 471 and 420 of Indian Penal Code. Ms. Nayak, who was counsel for Almeida, is one among the witnesses named in the chargesheet. In August 2018, the Central Crime Branch was allowed to do further investigation and then, it was then transferred to the Criminal Investigation Department (CID).
In the anticipatory bail petition, Ms. Nayak contended that she has already appeared twice before the CID Investigation Officer (IO) following notices issued to her under Section 41(A) of the Criminal Procedure Code and the IO was insisting on further personal appearance.
Accusing the IO of ill-treatment and harassment, Ms. Nayak, who is the Special Public Prosecutor for Customs and GST, said that she apprehended arrest. There was nothing against her in the case and there was no need for custodial interrogation, she said.
Allowing the petition, the judge, in his order on September 9, noted that Ms. Nayak has so far cooperated in the investigation of the case. He then ordered the release of Ms. Nayak on bail, subject to certain conditions, in case of her arrest in the case.
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