Karnataka High Court
Latha W/O Raju And Anr vs The State Of Karnataka on 18 August, 2016
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2016
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.200968/2016
Between
1. Latha W/o Raju
Age: 39 years,
Occ: Household
R/o Near Keshav Temple,
Vijaypaur
Tq. Devanahalli, Bangalore
2. Jagannath
S/o Ramayya Kattimani
Age: 50 years,
Occ: Agriculture
R/o Mudbool Taluka Shahapur
Dist. Yadgiri
Vijapur Taluka Deanahalli Bangalore
...Petitioners
(By Smt Anuradha M Desai, Advocate for Petitioner
No.2)
AND:
The State of Karnataka
Through Bhimarayanagudi P.S.
Represented by SPP
Hon'ble High Court of Karnataka
Bench at Kalaburagi.
...Respondent
2
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of Criminal Procedure, 1973 praying to release
the petitioner on bail in Crime No.12/2016 of
Bhimarayanagudi Police Station Tq. Shahapur, Dist.
Yadagiri P.S. which is registered for the offences
Punishable under Section 489(B) and (C) read with 34 of
IPC.
This petition coming on for orders this day, the
Court made the following:
ORDER
Learned counsel for the petitioners submitted that the petitioner No.1 earlier filed the petition and she was not having instructions. Hence memo is filed to withdraw the petition so far as the petitioner No. 1 is concerned.
2. Memo is perused. In view of the memo, the petition in respect of petitioner No.1 is dismissed as withdrawn.
3. Heard the arguments of learned counsel appearing for the petitioner No.2/accused No.1 and also the learned High Court Government Pleader for the Respondent/ State.
3
4. This is the petition filed by the petitioner No.2/ accused No.1 under section 439 of the Cr.P.C. seeking his release on bail of the offences punishable under sections 489-B and 489-C R/w section 34 of IPC.
5. The brief facts of the prosecution case as per the complaint averments are that the complainant Satishkumar is the PSI of Bhimarayangudi police station. He received credible information that in a house bearing No. R-5 at UKP Camp, Mudabol village accused No.1 Jagannath and others were about to circulate the counterfeit notes and therefore he gave the message to Dy.S.P. Yadgir on e-mail. Then the Dy.S.P. directed to conduct a raid along with panchas and his staff. Therefore, CW 1 Satishkumar PSI along with panchas and his staff rushed to UKP camp in a jeep and conducted raid on the said house at 3.15 p.m.. In the said house three persons were present. CW 1 and his staff caught hold two persons but one person ran away from the said place. On interrogation accused Nos. 1 and 3 informed their names and accused No.2 name is 4 also told as Honnappa. Accused No.3 Lata informed the complainant that she and accused No.1 Jagannath given the counterfeit notes to said accused No.2 Honnappa for circulation. On making personal search of accused No.1 Jagannath, nine notes of face value of Rs.500/- each were found in the possession of said accused No.1 Jagannath. On making personal search accused No.3 Lata, 100 notes of face value of Rs.100/- were found in the possession of accused No.3 Latha. On 30.1.2016 at 9.00 a.m. accused No.3 Latha took them to a house sitauted at Sy.No.31 Sidlagutta Deviation road, Ward No.5, Vijayapur and produced eight notes of face value of Rs.500/- each and also produced one note of face value of Rs.1,000/- and seized the counterfeit notes by CW 1 in the presence of panchas. On the basis of complaint case came to be registered for the above said offences against present petitioner and other accused persons.
6. I have perused the grounds urged in the bail petition, FIR, complaint and the order of the Sessions 5 Judge rejecting the bail application of the present petitioner. Both sides made the submission that accused No.3 applied petition seeking her release before this Court and the same has been considered in Criminal Petition No.200900/2016. By order dated 16.8.2016 the entire merits have been considered by this Court while dealing with the petition filed by accused No.3 Latha. The similar set of facts are against the present petitioner. As submitted by both the sides, now the investigation has been completed and charge- sheet has been filed. The copy of which is also produced along with the petition. The alleged offences are not exclusively punishable with death or imprisonment for life. By imposing reasonable conditions and on the ground of parity also, the present petitioner/accused No.1 can also be admitted to bail.
Accordingly the petition is partly allowed. Petitioner No.2/ accused No.1 is ordered to be released on bail subject to the following conditions; 6
(1) The petitioner has to execute his personal bond for Rs.1.00 lakh with one surety for the like sum to the satisfaction of the concerned Court. (2) He shall not tamper with any of the prosecution witnesses directly or indirectly.
(3) He shall not leave the jurisdiction of the concerned Court without its prior permission. (4) He has to appear before the concerned Court regularly.
Sd/-
JUDGE *MK