Karibasava @ Kariya vs State By Ajjampura Police on 29 January, 2018

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Karnataka High Court

Karibasava @ Kariya vs State By Ajjampura Police on 29 January, 2018

Bench: R.B Budihal

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 29TH DAY OF JANUARY, 2018
                      BEFORE
       THE HON'BLE MR.JUSTICE BUDIHAL R.B.

          CRIMINAL PETITION NO.9501/2017
BETWEEN:

1.    KARIBASAVA @ KARIYA
      SON OF NAGARAJU,
      AGED ABOUT 21 YEARS,

2.    PRAVEENA
      SON OF DURGABHOVI,
      AGED ABOUT 23 YEARS

      BOTH ARE RESIDENTS OF MALLESHWARA,
      UBRANI-HOBLI, CHANNAGIRI TALUK,
      DAVANAGERE DISTRICT-577213.
                                      ...PETITIONERS

      (BY SRI.M R HIREMATHAD., ADV.)


AND

STATE BY AJJAMPURA POLICE
(REP. BY STATE PUBLIC PROSECUTOR)
                                       ...RESPONDENT

(BY SRI.CHETAN DESAI, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON
BAIL   IN   CR.NO.247/2017    (S.C.NO.107/2017) OF
                           2



AJJAMPURA P.S., CHIKKAMAGALURU DISRICT FOR THE
OFFENCE P/U/S 489(b)(c) R/W 34 OF IPC.


     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 498B read with 34 of IPC, registered in respondent - police station Crime No.247/2017.

2. Heard the arguments of the learned counsel appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent-State.

3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

4. On the basis of the complaint lodged in this case, firstly FIR came to be registered for the offence under Sections 489B read with 34 of IPC, but after completion of investigation, charge sheet came to be filed for the offence under Section 489B and 489C read with 34 of IPC.

5. Looking into the prosecution case, seven currency notes of denomination of Rs.100/-, so also, the printer were seized from accused Nos.1 and 2. But this allegation is denied by the petitioners contending that there is false implication and they have not involved in printing currency notes as alleged. Petitioners have also undertaken to abide by any conditions to be imposed by 4 this Court. Recovery of the alleged currency notes as well as colour printer, which is said to have been used for printing the currency notes have already been seized by the prosecution under mahazar in the presence of panch witnesses. Therefore, at this stage nothing further is to be seized from the possession of the petitioners herein and from the date of arrest, petitioners are in custody. The alleged offences are also not exclusively punishable with death or imprisonment for life, hence, I am of the opinion that by imposing conditions, petitioners can be released on bail.

6. Accordingly, petition is allowed.

Petitioners/accused Nos.1 and 2 are ordered to be released on bail for the offence punishable under Sections 489B, 489C read with 34 of IPC registered in Crime No.247/2017, subject to the following conditions: 5

i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners have to appear before the concerned Court regularly.

Sd/-

JUDGE BSR

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