Authenticate Surety's Identity With Aadhaar, Maintain A Register Of Sureties: Karnataka High Court Issues Directions To Curb Fake Sureties

The Karnataka High Court has issued a slew of directions to be followed by authorities whenever any surety is furnished for release of an accused on bail.

A single judge bench of Justice Suraj Govindaraj while hearing a petition filed by the 65-year-old Narayana. B - who died during the pendency of the case. The case related to an instance of fake surety.

The bench noted that several reports that have been filed before the court indicate that this is not a stray occurrence. It added that this kind of situation has arisen on several occasions and in some cases, investigation and prosecution has also taken place.

"The learned AGA has been unable to point out the safeguards which are built in, in respect of collection of sureties except to state that any person could furnish photocopies of the documents to the value fixed by the Court while granting a bail, anticipatory bail or passing any such order and the said document would be taken on record as security," said the court.

Observing that unless effective steps are taken, innocent third parties would continue to remain at a risk, the court said following steps be followed whenever any surety is followed.

• Every solvency certificate should contain the signature of the issuing authority with name and designation stamp and date of issue, only original solvency certificates to be accepted.
• The issuing authority should obtain the photograph, signature or clear Thumb Impression of the surety on the solvency certificate and attest the same.
• The certificate to also be accompanied by a self attested copy of the Aadhar card of the surety.
• The Employees who stand, as sureties shall be directed to produce a certificate of Identity and Salary from their Employer. It should contain the signature of the Employee duly attested by the Employer.
• At the time of accepting the surety the signature/Thumb impression of the surety be obtained on the solvency certificate or salary certificate to satisfy that the solvency or salary certificate relates to the surety present in the court along with a photograph.
• Each surety shall furnish his full name, father's name, age, occupation, and complete postal address to the court.
• The sureties shall produce Bank Pass Books or Ration Cards. Aadhar Card or some other form of identity cards to establish their identity with reference to the particulars of the solvency certificate.
• If surety is provided in the form of property, the details of the property to be cross checked by the concerned ministerial officer from the web-site of the revenue department, by using the BHOOMI or KAVERI software as may be required.
• The Principal Secretary Revenue Department to make arrangements for providing necessary training to all concerned as regards such verification. The Registrar (General), High Court of Karnataka is directed to coordinate with the Principal Secretary Revenue Department for doing needful.
• The UIDAI to provide and equip all courts with necessary equipment and software to authenticate the identity of the surety using the Aadhar card.
• In case of cash security the court shall satisfy that the accused has a permanent address and fixed abode and his presence can be easily secured, copies of Aadhar Card, Ration Card, Election ID etc., of the Accused to be collected.
• The names and details of the sureties by noting down the crime number, name of the Police Station, name of the accused, the name and full particulars of the sureties to be maintained in the Case Information Software used by the Courts. The Registrar (Computers) and Central Projects Coordinator (CPC) to make available a module for all courts to maintain a register of Sureties, which would be common for all District Courts in the State of Karnataka.
• Whenever a person were to stand as surety, the same to be cross checked with the database to verify if such person has stood surety earlier. The court should keep a watch on such persons who repeatedly come to stand as sureties.
• The Presiding Officers of respective Courts should check the Register of Sureties to ensure proper maintenance on a monthly basis.
• The Principal, District Judge and Chief Judicial Magistrates shall inspect the Register of Sureties at the time of annual inspection and note their remarks by issuing suitable instructions in case of any deviation.
• Registrar (General) is directed to issue necessary circulars to all courts handling criminal matters with prior approval of the Hon'ble Acting Chief Justice.

Case Title: NARAYANA. B v. STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION