Karnataka High Court
Honnappa S/O Mareppa Biradar vs The State Of Karnatka Through on 1 September, 2016
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2016
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.201041/2016
Between
Honnappa
S/o Mareppa Biradar
Age: 22 years
Occ: Agriculture
R/o Vanadurga Tq. Shahapur
District Yadgiri
... Petitioner
(By Sri S.S. Aspalli, Advocate)
AND:
The State of Karnataka
Through Bhimarayangudi P.S.
...Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of Criminal Procedure, 1973 praying to allow
the bail petition in Crime No.12/16 of Bhimarayangudi
Police Station of Yadgir Dist. for the reasons & grounds
mentioned herein above which is registered for the
offences punishable under Sections 489(B) & (C) read
with 34of IPC.
2
This petition coming on for orders this day, the
Court made the following:
ORDER
This is a petition filed by the petitioner/accused No.2 under section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under sections 489-B, 489-C R/w section 34 of IPC registered in Respondent police station crime number 12/2016.
2. The brief facts of the prosecution case as per the complaint averments that on 28.1.2016 at about 1.00 p.m. CW 1 Satishkumar, the PSI of Bhimarayangudi police station received credible information that in a house bearing No. R-5 at UKP Camp, Mudabol village, accused No.1 Jagannath and others were about to circulate the counterfeit notes and therefore, he gave message to Dy.S.P. Yadgir and thereafter they conducted a raid on the said house. CW 1 and his staff members have caught hold accused Nos. 1 and 3. On interrogating accused Nos. 1 and 3 informed their names and accused No.2 ran away. They 3 have also seized the counterfeit notes found in possession of accused No.1 and on the personal search of accused No.3, 100 notes of face value of 100/- were found in possession. They were also seized in the presence of panch witnesses. On the basis of it a case came to be registered against the accused persons.
3. Heard the learned counsel for the petitioner/ accused No.2 and also the learned High Court Government Pleader for the Respondent/State.
4. Learned counsel for the petitioner/accused No.2 made the submission that the accused Nos. 1 and 3 have been already released on bail. He made the submission that looking to the complaint averments it is mentioned counterfeit notes were seized from the possession of accused Nos. 1 and 3. It is his submission that looking to the allegations in the complaint, the present petitioner is in a better position. He also made the submission that though this petitioner approached this Court earlier and his bail application came to be 4 rejected, but at that time it was not brought to the notice of the Court that the investigation was completed and charge-sheet has been filed in the case. Now the learned High Court Government Pleader submitted that the investigation is completed and charge-sheet has been filed. Similar set of allegations against all the accused persons. The offences alleged are also not punishable with death or imprisonment for life. The petitioner/accused No.2 contended in the bail petition that he is innocent and not involved in committing the alleged offences and there is false implication of the present petitioner. He has undertaken that he is ready to abide by any conditions to be imposed by the Court. Looking to the materials, by imposing stringent conditions, the petitioner can be enlarged on bail.
Accordingly the petition is allowed. The petitioner/ accused No.2 is ordered to be released on bail of the alleged offences subject to the following conditions;
(1) Petitioner/accused No.2 has to execute personal bond for Rs.50,000/- with one 5 solvent surety for the like sum to the satisfaction of the concerned Court.
(2) He shall not tamper with any of the prosecution witnesses directly or indirectly. (3) He has to appear before the concerned Court regularly.
Sd/-
JUDGE *MK