Karnataka High Court
Shreenivasa vs The State Of Karnataka on 22 February, 2022
Author: K. Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.161 OF 2022
BETWEEN:
SHREENIVASA
S/O ANJINAPPA
AGED ABOUT 50 YEARS
PRO. MERCHANT OF CLOTHS AND FLOWER
R/AT. Y. N. HOSKOTE
PAVAGADA
TUMKUR DISTRICT - 41.
...PETITIONER
(BY SRI. PRATHEEP K.C., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY Y. N. HOSAKOTE POLICE STATION
TUMAKURU DISTRICT
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. MAHESH SHETTY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.6/2021 OF
Y.N HOSAKOTE P.S., TUMKURU DISTRICT FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 489A,
489B, 489C, 489D, 489E R/W 34 OF IPC, PENDING ON
THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND
J.M.F.C., PAVAGADA, TUMAKURU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The successive bail petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. for granting bail in Crime No.6/2021 of Y.N.Hosakote Police Station, Tumkuru District for the offences punishable under Sections 489A, 489B, 489C, 489D and 489E read with Section 34 of the Indian Penal Code.
2. Heard the learned counsel for the petitioner and learned HCGP for the respondent - State. 3
3. The case of the prosecution is that on the complaint of one Ramaiah, the police officer registered a suo moto case against the petitioner and another alleging that on 13.01.2021, even as per the police, he received a credible message at 6:00 p.m., that accused Nos.1 and 2 were printing and circulating fake currency notes. Therefore, the complainant proceeded to the spot along with the panchas, arrested accused Nos.1 and 2 in the house of accused No.1 and seized fake currency notes worth of Rs.1,27,000/- in different denominations. After receiving the case, the petitioner was remanded to the judicial custody. His earlier bail application was dismissed as withdrawn on 12.11.2021. Hence, the petitioner is before this Court.
4. Learned counsel for the petitioner contends that the police officer registered the case subsequent to the arrest and seizure of the fake currency notes under the panchanama. Therefore, there is violation of the 4 provisions of Section 154 of Cr.P.C. The petitioner is in custody for more than one year. Investigation is completed and charge sheet has been filed. He is ready to abide by the conditions that may be imposed by this Court. Hence, prayed for grant of bail.
5. Per contra, learned HCGP seriously objected the bail petition and contended that the petitioner is a habitual offender and he is accused in two more similar cases, one at Hindupur in Crime No.101/2017 and another case in Gandasi Police Station in Crime No.190/2017 and the petitioner and the another accused had demonstrated about creating fake currency notes and printing the same with the help of laptop and other materials, which were already seized by the police during the panchanama. If the petitioner is granted bail, he may commit similar offences. Hence, prayed for rejecting the bail petition. 5
6. Upon hearing the argument, it reveals that petitioner and accused No.1 were arrested and huge fake currency notes from the house of accused No.1, were seized. The accused also is said to have demonstrated how to prepare the fake currency notes by printing the same. The police seized fake currency notes in the denomination of 500, 200 and 100 in huge quantity. Apart from that, the printer, cutting blade, fevi quick, scale and other materials for having printing the fake currency notes, were also seized.
7. The contention of the petitioner should be looked into only in respect of registering the FIR and preparing the panchanama, which should be looked into during the trial and after cross-examination of the police officer, who registered the case. Therefore, at this stage, it cannot be looked into. The offences are very serious one and the accused is an habitual offender in preparing and circulating fake currency 6 notes. Such being the case, this petition deserves to be dismissed.
Accordingly, the successive bail petition is hereby dismissed.
Sd/-
JUDGE KG