Karnataka High Court
Srinivasalu @ Sanga Manjanappa vs The State on 9 July, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.891/2018
BETWEEN:
Srinivasalu @ Sanga Manjanappa,
S/o late Anjanappa,
Aged about 45 years,
Thongata Veevar,
Y.N.Hosakote Village,
Pavgada Taluk,
Tumkur District - 561 202.
...Petitioner
(By Sri.Satish M Doddamani, Advocate)
AND:
The State by
Gandasi Police Station,
Hassan.
...Respondent
(By Sri.S.Vishwa Murthy, HCGP)
This Criminal petition is filed under Section 439
of Cr.P.C praying to enlarge the petitioner on bail in
Crime No.190/2017 of Gandasi Police Station, Hassan
District for the offence punishable under Sections
489B, 489C and 420 of IPC.
2
This Criminal petition coming on for Orders, this
day, the court made the following:
ORDER
The petitioner has sought for regular bail in Crime No.190/2017. Investigation is completed and chargesheet is laid against three accused persons under Sections 489B, 489C and 420 of IPC.
2. Heard the learned counsel for petitioner and learned High Court Government Pleader.
3. Learned High Court Government Pleader has not filed any statement of objections but has orally opposed the petition. He is unable to state the case alleged by the prosecution against the present petitioner.
4. Learned counsel for the petitioner submits that on 30.07.2017, when accused No.2 tendered two currency-notes at the bar, he was apprehended and 3 the said currency-notes were seized from his possession. The said currency-notes are proved to be counterfeit notes. Petitioner came to be implicated solely on the basis of the voluntary statement made by co-accused. Learned counsel submits that the petitioner was arrested under body warrant which means that the petitioner herein could not have handed over the seized currency-notes to accused No.2. The chargesheet is alleged only under Sections 489B and 489C read with Section 420 of IPC. Having regard to the above circumstances, there being no incriminating evidence in proof of the involvement of the petitioner, he seeks for enlargement of petitioner on bail.
5. On perusal of the chargesheet papers, it is seen that the case is registered against three accused persons under Sections 489B and 489C of IPC. 489B of IPC deals with using as genuine, forged or 4 counterfeit currency-notes or bank-notes. It is not the case of the prosecution that the petitioner herein was either found in possession or that he was found circulating the currency-notes. The specific allegations are that accused No.2 was caught red-handed while circulating currency-notes. It is solely on the basis of the statement made by the co-accused, petitioner has been implicated in the alleged offence. Even though, it is alleged that a printer is seized from the possession of the petitioner, no charges are laid under Section 489A against the petitioner. In that view of the matter, the custody of the petitioner is not required to be extended any further. Petitioner deserves to be admitted to bail. Hence, the following:
ORDER
6. Criminal petition is allowed.
a) Petitioner is ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) 5 with two sureties for the likesum to the satisfaction of the jurisdictional court.
b) Petitioner shall appear before the court as and when required.
c) Petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner.
d) Petitioner shall not get involved in similar offences.
e) Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court.
If any of these conditions are violated, the prosecution is at liberty to move for cancellation of the bail.
Sd/-
JUDGE dn/-