Karnataka High Court
Saddam Husen vs State By Electronic City Police Station on 28 June, 2021
Author: K.Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.1071 OF 2021
BETWEEN:
SADDAM HUSEN
S/O. RIYA PASHA,
AGED ABOUT 27 YEARS,
RESIDING AT C/O. PRASAD BUILDING,
NEAR MUKRAM MASJID, BABUL STREET,
BTM LAYOUT, 1ST STAGE,
BENGALURU - 560 068.
... PETITIONER
(BY SRI RAJESH A., ADV.)
AND:
STATE BY ELECTRONIC CITY POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.199 OF 2020 OF ELECTRONIC CITY POLICE STATION,
BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION
489B OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE
THE FOLLOWING:
2
ORDER
This petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.') for granting regular bail in Crime No.199 of 2020 registered by Electronic City Police Station, Bengaluru, for the offence punishable under Section 489B of the Indian Penal Code, 1860 (for short, 'the IPC').
2. Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that, on 12-12-2020 at about 11:00 a.m., the P.S.I of Electronic City Police Station received credible information that two persons are indulged in circulating counterfeit currency notes near Velankani Junction. Immediately, he secured panchas and along with his staff went to the spot and noticed the petitioner and accused No.2 were trying to circulate them. The Police apprehended them and from 3 the petitioner, ten counterfeit currency notes of Rs.2,000/- and from accused No.2, three counterfeit currency notes of Rs.2,000/- were seized. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.
4. Upon considering the arguments and perusal of the record, accused No.2 has been granted bail by the Co- ordinate Bench of this Court in Criminal Petition No.2738 of 2021 on 31-5-2021. The allegation against the petitioner is similar to that of accused No.2. Accused No.2 was having three counterfeit currency notes, whereas the petitioner was having ten counterfeit currency notes. Investigation is completed and charge-sheet is filed. The petitioner is a permanent resident of Bengaluru and is ready to abide by any of the conditions that may be imposed by the Court. Keeping the petitioner in custody will not serve any purpose. On the ground of parity, the 4 petitioner is also entitled for bail. Hence, I pass the following ORDER Criminal petition is allowed.
The Committal Court/Trial Court is directed to release the petitioner on bail in Crime No.199 of 2020 registered by Electronic City Police Station, Bengaluru, for the offence punishable under Section 489B of the IPC, subject to the following conditions:
i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the Trial Court;
ii) Petitioner shall not tamper with the
prosecution witnesses directly or
indirectly;
iii) Petitioner shall not indulge in any similar offences; and 5
iv) Petitioner shall not leave the jurisdiction of the Court without prior permission of the Trial Court.
If any of the above conditions is violated, the prosecution is at liberty to move for cancellation of bail.
Sd/-
JUDGE kvk