Karnataka High Court
Sagar S/O Ishwarappa Kashappanavar vs The State Of Karnataka on 13 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
CRL.P No. 103788 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103788 OF 2022
BETWEEN:
SAGAR S/O. ISHWARAPPA KASHAPPANAVAR
AGE. 22 YEARS, OCC. MILK VENDING BUSINESS,
R/O. GUDENKATTI, TQ. KUNDAGOL
DIST. DHARWAD.
...PETITIONER
(BY SRI. K. M. SHIRALLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY KUNDGOL POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON
BAIL IN KUNDGOL POLICE STATION CC NO. 1316/2022
-2-
CRL.P No. 103788 of 2022
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 489A AND 489C OF IPC, ARISING OUT OF
KUNDGOL POLICE STATION CRIME NO. 80/2022 REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTION 489A,
489C OF IPC, PENDING ON THE FILE OF THE CIVIL JUDGE
JUNIOR DIVISION AND JMFC COURT KUNDGOL.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.80/2022 of Kundagol Police Station registered for an offence punishable under Section 489A and 489C of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, on 06.08.2022 at about 4.00 p.m., when the -3- CRL.P No. 103788 of 2022 complainant was on patrolling duty he received a credible information that accused No.1 in his milk shop under the name and style 'Aditya Milk' near Navaratna Hotel, Market Road, Kundagol Town has stored the counterfeit notes. The complainant filed the complaint to that effect, which came to be registered in Crime No.80/2022 of Kundagol Police Station against accused No.1 for an offence punishable under Section 489A and 489C of IPC. During the enquiry and on the basis of voluntary statement of accused No.1, accused Nos.2 to 4 have been implicated in the case. The petitioner/accused No.1 came to be arrested on 06.08.2022 and he is in judicial custody. The petitioner filed Criminal Miscellaneous No.5514/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Dharwad sitting at Hubballi by order dated 31.10.2022. Therefore, the -4- CRL.P No. 103788 of 2022 petitioner/accused No.1 is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It would be the contention of the learned counsel for the petitioner that, this petitioner/accused No.1 is alleged to have been in possession of 47 fake currency notes of denomination of Rs.500/-. There is no allegation of any circulation or taking part in the process of counterfeiting. It is his further submission that the charge sheet has been filed for the offences punishable under Section 489A and 489C of IPC. The offence punishable under Section 489A is not attracted against this petitioner/accused No.1. -5- CRL.P No. 103788 of 2022 The offence alleged against this petitioner is under Section 489C of IPC which provides punishment or imprisonment which may extend upto seven years and which is bailable. It is his further submission that accused No.3 has been granted bail and therefore this petitioner who is similarly placed to that of accused No.3, is entitled for grant of bail on the ground of parity. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is the only bread earner in the family having wife and children. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the petitioner/accused No.1 was found possessing 47 fake currency notes of the denomination of Rs.500/- which were kept for use during the milk vending business. It is his further submission that -6- CRL.P No. 103788 of 2022 there are sufficient eyewitnesses to the incident and the expert opined that the said fake currency notes are not genuine. The charge sheet material shows prima facie case against the petitioner for the offences alleged against him. The bail petition filed by accused No.4 has been rejected. The petitioner is not similarly placed to that of accused No.3 who has been granted bail. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. The accusation against accused No.4 is that he used to print fake currency notes with the help of colour printer in his house. Accused No.4 took the assistance of accused Nos.2 and 3 in supply of the said fake currency notes to this -7- CRL.P No. 103788 of 2022 petitioner/accused No.1. Accused Nos.2 to 4 went to the shop of petitioner/accused No.1 and supplied him fake currency notes. This petitioner was found possessing 47 fake currency notes of the denomination of Rs.500/-. There is no allegation against this petitioner of circulating the fake currency notes or participating in the process of counterfeiting. The offence alleged against this petitioner under Section 489C provides punishments of imprisonment which may extend upto seven years and it is bailable. As the charge sheet is filed, the petitioner is not required for custodial interrogation.
8. The main objection of the prosecution is that if the petitioner is granted bail, there are chances of he threatening the complainant and other prosecution witnesses and he may commit similar offence. The said objection can be met with by imposing stringent conditions. -8- CRL.P No. 103788 of 2022
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.80/2022 of Kundagol Police Station subject to the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.-9- CRL.P No. 103788 of 2022
iii) The petitioner/accused No.1 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
iv) The petitioner/accused No.1 shall not involve in the commission of similar offence.
v) The petitioner/accused No.1 shall mark his presence before the jurisdictional Police Station on every Monday, till disposal of the case registered against him.
Sd/-
JUDGE SMM