Karnataka High Court
Mohammadjamman vs The State Of Karnataka on 8 July, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.4034 OF 2021
CONNECTED WITH
CRIMINAL PETITION NO.1779 OF 2021
IN CRL.P.NO.4034/2021
BETWEEN
MOHAMMADJAMMAN
S/O. IQBAL,
AGED ABOUT 21 YEARS,
RESIDING AT NO.350/8,
NEAR INDIAN PETROL BUNK,
MOHAMMED SAAB PALYA,
VIDYARANYAPURAM MAIN ROAD,
BENGALURU - 560 097.
... PETITIONER
(BY SRI MOHAN KUMAR M.E., ADVOCATE)
AND
THE STATE OF KARNATAKA
THE STATION HOUSE OFFICER,
ULLAL POLICE STATION,
DAKSHINA KANNADA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.145/2020
2
(S.C.NO.16/2021) OF ULLAL POLICE STATION, MANGALORE
CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
489A, 489B AND 489C READ WITH SECTION 34 OF THE IPC.
IN CRL.P.NO.1779/2021
BETWEEN
1. SAYYED HAKEEB @ SAYYED AQUIB JAVEED
S/O. SAYYED WAJEED,
AGED ABOUT 25 YEARS,
OCC: BUILDING MATERIAL SUPPLIER,
RESIDING AT NO.153,
MUBARAK ROAD, M.S. PALYA,
BENGALURU NORTH, VIDYARANYAPURA,
BENGALULRU - 560 097.
2. FAIZAL KHAN
S/O. RIZWAN KHAN,
AGED ABOUT 26 YEARS,
OCC: DRIVER,
RESIDENT OF NO.365/01, 10TH MAIN,
AKKIYAPPA GARDEN, MOHAN KUMAR NAGAR,
BENGALURU NORTH, YASWANTHAPURA,
BENGALURU-560 022
KARNATAKA.
... PETITIONERS
(BY SRI PRADEEP C.S., ADVOCATE)
AND
THE STATE OF KARNATAKA
BY ULLAL POLICE STATION,
MANGALORE,
DAKSHINA KANADA DISTRICT - 575 020,
REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
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ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.145/2020
(C.C.NO.21/2021) OF ULLAL POLICE STATION, MANGALORE
CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
489A, 489B AND 489C READ WITH SECTION 34 OF THE IPC.
THESE CRIMINAL PETITIONS COMING ON FOR FURTHER
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.4034/2021 is filed by accused No.3 and Crl.P.No.1779/2021 is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C., for granting regular bail in Crime No.145/2020 registered by Ullal Police Station, D.K., Mangaluru for the offences punishable under Sections 489A, 489B, 489C read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').
2. Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent - State.
3. The case of the prosecution is that on the suo moto complaint filed by one Revanasiddappa, Police Sub- Inspector, the respondent-Police registered a case alleging that on 11.10.2020 at about 5.00 a.m., when the 4 complainant along with his colleagues were in the patrolling duty, they found Honda City vehicle bearing registration No.KA-01-Z-6968 and as soon as they went near the car, two accused persons ran away from the car and another four accused persons tried to run away. But the Police surrounded and caught hold of them. On enquiry they revealed the names of accused Nos.1 to 4 and also the names of accused Nos.5 and 6 who ran away from the spot. On search with the accused persons, the Police found fake currency notes in possession with the accused persons i.e., accused No.1 is in possession with 130 notes of Rs.500/-, accused No.2 found in possession with 120 notes of Rs.500/-, accused No.3 found in possession with 120 notes of Rs.500/-, accused No.4 found in possession with 110 notes of Rs.500/-. They have been taken to the Police Station and after registering the case, the Police arrested the accused and seized the fake currency notes and they have been remanded to the judicial custody. Accused Nos.1 to 5 have approached the Sessions Court for granting bail, which came to be rejected. Accused No.3 5 approached this Court for grant of bail by filing Crl.P.No.1440/2021 which came to be rejected. However, accused Nos.1 and 2 approached this Court for the first time.
4. Learned High Court Government Pleader seriously objected the bail petitions and contended that the petitioners came to Mangaluru for the purpose of circulation of the currency notes and the offence is heinous one. If the petitioners are granted bail, they may commit similar offence and abscond from the case. Hence, prayed for rejecting the bail petition.
5. However, learned counsel for the petitioners has categorically argued that the petitioners were found in possession of fake currency notes which attracts Section 489 of IPC but not other offences. They have not seized any printer or computer for printing the notes in order to attract Section 489A and B of IPC. The possession of currency notes attract Section 489C of the IPC which is bailable offence. The petitioners are in custody from 6 11.10.2020 for more than eight months. The Police have already investigated the matter and filed charge-sheet. Petitioners are no more required for the purpose of any investigation. Though the co-accused persons are still absconding, that cannot be a ground to reject the present bail petition. Looking to the facts and circumstances of the case, by imposing certain conditions, if the bail is granted to the petitioner, no prejudice would be caused to the prosecution case. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. The Committal Court / trial Court is directed to release the petitioners-accused Nos.1, 2 and 3 on bail in Crime No.145/2020 registered by Ullal Police Station, D.K., Mangaluru for the offences punishable under Sections 489A, 489B, 489C read with Section 34 of the IPC, subject to the following conditions:
(i) Petitioners-accused Nos.1, 2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) 7 each with two sureties for the likesum to the satisfaction of the trial Court / Committal Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of this Court;
(v) Petitioner shall take trial without causing any delay.
Sd/-
JUDGE GBB