Karnataka High Court
Shafiulla @ Shafi vs The State Of Karnataka on 25 February, 2014
Author: R.B Budihal
Bench: R B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R B
CRL.P. No.573 OF 2014
BETWEEN:
SHAFIULLA @ SHAFI
S/O LATE ABDUL SAMAD
AGED ABOUT 24 YEARS
R/O SOOLEBYALU
URGADUR VILLAGE
SHIMOGA TALUKA
AND DISTRICT-577201 ... PETITIONER
(BY SRI.PRASAD B.S. ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
JEEVAN BHEEMANAGAR
POLICE STATION
BANGALORE-560 001 ... RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.297/2013 OF JEEVAN BHEEMANAGAR
2
P.S., BANGALORE CITY, FOR THE OFFENCES P/U/S
489A, 489B AND 489C OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner - accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offence punishable under Section 489B and 489C of IPC and filing the chargesheet for the offences punishable under Sections 489A, B, C of IPC registered in respondent police station Crime No.297/2013.
2. The brief facts of the case as per the averments made in the complaint that, the complainant is running the shop in the name and style of Manoj Bakery and Condiments. On 15.09.2013 at about 15.00 hours when he was doing business in the shop, one person purchased three gold flake cigarettes by giving him a Rs.100/- note and he asked for the change. When the 3 complainant was checking the currency note, he got suspicion over its genuineness as the note was very thin. He purposely made late to give change and called J.B.Nagar police station and informed his suspicion about currency note. Thereafter, he gave him change of Rs.76/- and caught hold of him with the help of public. The Police came and taken the said person into their custody. On the basis of the said complaint, the case has been registered against the present petitioner as well as the other persons.
3. Heard the learned counsel appearing for the petitioner accused No.3 and also the learned High Court Government Pleader for the respondent State.
4. Learned counsel for the petitioner accused No.3 during the course of his arguments submitted that looking to the allegations made in the complaint, the only alleged offence applicable to the present petitioner under Section 489C for possessing the counterfeit 4 currency note. Learned counsel made submission that there is no material placed by the prosecution to show that this petitioner was involved in printing of the counterfeit currency notes. Counsel made the submission that the petitioner is also doing the petty business and during the course of his business whatever the amount that he has received, same has given to the shop keeper for purchasing. He made the submission that the petitioner was not at all having knowledge that the said currency notes are counterfeit currency notes. He made the submission that now the investigation is completed and the chargesheet has been filed. Nothing is to be seized from the present petitioner and hence by imposing any reasonable conditions, petitioner may be admitted to bail.
5. As against this, learned High Court Government Pleader during the course of his arguments submitted that the Police have seized the 5 counterfeit currency notes and mobile even from this petitioner also and looking to the statement of the witnesses collected by the I.O. during investigation, they also clearly goes to show the involvement of the present petitioner in commission of the alleged offence. Hence, he submitted that the offence alleged are serious in nature and hence, the petitioner is entitled to be granted with bail.
6. I have perused the averments made in the bail petition and other materials placed on record. Looking to the averments made in the complaint, it goes to show that when the present petitioner was purchasing the cigarette, he made the payment of Rs.100/- currency note and the currency note was suspected by the shop keeper. He informed the police and with the help of the public, he caught hold of the present petitioner and handed over the petitioner to the police. So looking into the allegations made in the complaint, the primafacie 6 goes to show regarding the possession of the counterfeit currency notes by the petitioner. But there is no specific allegations that he was circulating the currency notes to the public or he was involved in the printing of counterfeit currency notes.
7. It is not doubt true as per the case of the prosecution that counterfeit currency notes of denominations Rs.100/-, Rs.50/- and Rs.20/- have been seized even from the possession of the present petitioner. Seizure has been already completed, even the police have completed the investigation and filed the chargesheet before the Court. The offence alleged are not exclusively punishable with death or imprisonment for life. The petitioner has undertaken in the petition that he is ready to abide any conditions to be imposed by the Court. Therefore, for securing the presence of the petitioner before the Trial Court, stringent conditions can be imposed and he can be admitted to 7 bail. Accordingly, petition is allowed. The petitioner accused No.3 is ordered to be released on bail of the offence punishable under Section 489B and 489C of IPC and filing the chargesheet for the offences punishable under Sections 489-A, B, C of IPC registered in respondent police station in Crime No.297/2013, subject to the following conditions:
1. The petitioner has to execute personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and he has to furnish one solvent surety for the likesum to the satisfaction of the concerned court.
2. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly, and
3. The petitioner to appear before the concerned court regularly.
SD/-
JUDGE LB