Karnataka High Court
Gunashekara vs State By on 13 September, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7930 OF 2022
BETWEEN
GUNASHEKARA
S/O LATE CHANGALARAYA,
AGED ABOUT 46 YEARS,
RA/T 19-A, 2ND CROSS,
VARADASWAMY LAYOUT,
NAVODAYA SCHOOL ROAD,
VIDHARANYAPURA,
BANGALORE 560 097.
... PETITIONER
(BY SRI M.C HARISH KUMAR, ADVOCATE)
AND
STATE BY HALASURU GATE POLICE
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BANGALORE.
... RESPONDENT
(BY SRI R D RENUKARADHYA., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.180/2022 OF
HALASURGATE P.S., BENGALURU CITY FOR THE OFFENCE P/U/S
420, 465, 468, 471, 255, 258, 259, 260 R/W 34 OF IPC ON THE
FILE OF THE 1ST A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING FOR ORDERS ON THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed by accused No.10 under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.180/2022 registered by Halasurgate Police Station, for the offences punishable under Sections 255, 258, 259, 260, 465, 468, 473, 420 r/w Section 34 of the Indian Penal Code, 1860, pending on the file of 1st ACMM, Bengaluru.
2. Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that a suo- motu compliant registered by Halasurugate Police for the aforesaid offences against accused persons on 19.07.2022, stating that they have got the information that some persons were selling the fake e-stamps at Kandaya Bhavana, Bengaluru. Therefore he set up a D- Kayath customer by sending one Naveen Kumar, Head 3 Constable 11048 for asking the old stamp paper. Accordingly, the D-Kayath customer/police men went and met one Karthik and asked about old stamp papers for the face value of Rs.50/- five in numbers and stamp papers for the face value of Rs.10/- five in numbers. So he has assured and has taken him to meet One Vishwanath/accused No.1. Subsequently said Vishwanath undertook to give the E-stamp and asked to give a sum of Rs.10,000/- as advance amount and to give e-stamp for the face value of Rs.10/-, they have charged Rs.5,000/- and to give e-stamp for the face value of Rs.50/-, they have charged Rs.6,000/-. Thereafter, on 19.07.2022 at 07:30 a.m., the accused No.3/Venkatesh and accused No.4/Shyamraju who brought the said e-stamp papers. Then police trapped them and seized ten stamp papers under seizure panchanama. During the investigation they arrested so many accused persons and also this petitioner was arrested on 01.08.2022. It is alleged that on the basis 4 of voluntary statement of accused No.8, this petitioner was arrested.
4. It is alleged that this petitioner also purchased the stamp paper and created the GPA for the year 1970 for getting the entire award in respect of site No.21 in Sy.No.8/2, 8/5, 8/6, 8/7, 8/7A and 8/8 at Thindlu village, Yalahanka Hobli, Bengaluru North, measuring 30 x 40 feet. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.
4. Having heard the learned counsel for the petitioner and learned HCGP and on perusal of the records, it reveals that fake e-stamp papers were selling by these accused and police have arrested so many accused persons and still one of the accused is absconding. The allegation against this petitioner is that he said to have created the fake document through fake e-stamp paper from the accused No.8 in the name of his deceased father to take award amount 5 in respect of site bearing No.21 of Thindlu Village, Yalahanka Hobli, Bengaluru.
5. Learned HCGP submits that the petitioner is subsequently involved in selling e-stamp paper along with co-accused and the matter is still under investigation. All the accused persons are in custody. Therefore, considering the facts and circumstances of the case, I am of the view that when the investigation is under progress, the main role of accused required to be investigated by the police and police also said to be preparing the charge sheet and they will file the charge sheet within a span of a week or two weeks. Considering the facts and circumstances of the case, I am of the view that the offences are not only the serious one but also affects the economy of the State. Previously fake stamp rocket was unearthed by the revenue police before 25 years back and once again the accused persons started selling fake e-stamp papers and caused loss to the exchequer. 6
Therefore, I am of the view that at this stage, until filing the charge sheet the petitioner is not entitled for bail.
Accordingly, the bail petition is dismissed.
Sd/-
JUDGE HJ