Karnataka High Court
Samba Shiva vs State Of Karnataka on 20 February, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7124/2013
BETWEEN:
Samba Shiva
S/o. late Lakshminarayana
Aged about 35 years
r/a. Kottapete
Near Railway Station
Dharmavaram, Ananthapura
District Andhra Pradesh 515 671 .. PETITIONER
(By Sri. M. Shashidhara, Adv.)
AND:
State of Karnataka
By Sampangiram Nagar P.S.
Bangalore 560 095 .. RESPONDENT
(By Sri. K. Nageshwarappa, HCGP)
This criminal petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.161/2012 of P.S., Bangalore City, for the offences
punishable under Sections 489(B & C) and 120(b) of IPC
and Sections 3, 25 and 27 of Indian Arms Act and Sections
13, 15, 16 and 17 of Unlawful Activities Prevention Act,
1967.
2
This petition having been heard and reserved for
orders, coming on for pronouncement of orders, this day, the
Court made the following:
ORDER
This petition is filed by the petitioner-accused No.10 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 489(B & C) and 120(b) of IPC and Sections 3, 25 and 27 of Indian Arms Act and Sections 13, 15, 16 and 17 of Unlawful Activities Prevention Act, 1967, registered in respondent Police Station Crime No.161/2012.
2. Brief facts of the case as per the averments in the complaint are that on 9.9.2012 at about 6.00 p.m., ACP - B.N. Nyamagowda was on duty in his police station and at that time, he received a credible information that the people of India, Bangladesh border have occupied room Nos.305 and 306, 3rd Floor of S.S. Residency, I Main Road, S.R. Nagar lodge, and they are in possession of counterfeit India currency notes with an intention to traffic the same in the country and to sell those counterfeit notes and also possessing illegal arms for such sale, to create criminal 3 disturbances and unrest in the country. The ACP thereupon raided the said spot with his party along with panchas and apprehended accused Nos.1 to 6 and enquired them. Then accused No.1 told that, on the direction of accused No.8, accused Nos.1 to 6 came to Bangalore for distributing fake currency notes and also weapons to accused Nos.17 to 25, who are involved in criminal activities in Bangalore. The respondent Police seized Rs.30.00 lakhs of fake currency notes from accused Nos.1 to 6 and weapons and also a pocket diary. In the said pocket diary, some names were found. The respondent police registered the case against accused persons for the above said offences.
3. I have heard the learned Counsel appearing for the petitioner-accused No.10 and the learned High Court Government Pleader appearing for the respondent-State.
4. Learned Counsel for the petitioner, during the course of the arguments, submitted that the petitioner is innocent and he has not at all involved in the commission of the alleged offence. He submitted that there is no material to show the involvement of the petitioner in the alleged 4 offence. He has also submitted that there are no recoveries from the petitioner and there is no prima facie goes made out against him. It is submitted that investigation of the case is completed and charge sheet has been filed and hence, the petitioner may be admitted to bail.
5. As against this, learned High Court Government Pleader appearing for the respondent State, during the course of the arguments, submitted that perusing the materials collected during investigation, they clearly go to show that the petitioner was also involved in the commission of the offence. He made the submission that there is seizure of fake currency notes from the house of accused No.10 in the presence of the panch witnesses. He also submitted that serious offences are alleged against the petitioner and the other accused persons. Hence, the petitioner is not entitled be released on bail.
6. I have perused the averments made in the bail petition, charge sheet and the other materials in the case. I have also perused the copy of the order passed by the lower Court on the bail application. In para 9 of the order passed 5 by the lower court on bail application, it has been observed that the petitioner deliberately makes false statement in his application that no articles or material objects were seized from his possession. While the facts on record reveals seizure of 600 fake currency notes of Rs.500/- face value. It is also observed that seizure was effected in the presence of panch witnesses C.Ws.4 and 5 and the other police witnesses C.Ws.26 to 28 and 33. The other fake currency notes were also seized from the house of petitioner No.10. Therefore, it goes to show that for the purpose of getting him released, the petitioner had made false averments as observed by the learned Sessions Judge in his order. The offences alleged are serious in nature and they are going to affect economy of the country. Therefore, in view of seriousness of the alleged offence and since there is seizure of currency notes, I am of the opinion that it is not a fit case to exercise discretion in favour of the petitioner. The petition is accordingly rejected.
Sd/-
JUDGE Cs/-