Karnataka High Court
Somanagowda vs State Of Karnataka on 19 September, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.4454/2019
BETWEEN:
Somanagowda
S/o Amaregowda
Aged about 38 years
R/o No.1, Lakkihaal Village & Post
Mudgal Hobli, Lingasuru Taluk
Raichur District-584 122.
...Petitioner
(By Sri.Gireesha J T, Advocate)
AND:
State of Karnataka
By Yelahanka P S
Rep by SPP
High Court Building
Bangalore-560 001.
...Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.67/2019 of Yelahanka Police Station, Bengaluru
City for the offence p/u/s 489A, 489B, 489C, 489D, 489E
read with Section 34 of IPC.
2
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Cr.No.67/2019 registered by Yelahanka Police pending on the file of 44th ACMM, Bangalore, for the offence punishable under Sections 489-A, 489-B, 489-C, 489-D, 489-E read with 34 of Indian Penal Code. ('IPC', for short).
3. Brief facts of the case are that on 26.04.2019 on receiving the credible information, the police inspector attached to Yelahanka police had been to Kogil Cross and found three unknown persons who were standing by the side of the road, when they were being inspected and enquired, police have found that those persons were in possession of a sum of Rs.50,00,000/- which are 3 counterfeit currency notes. On the spot itself, the police have conducted mahazar in the presence of panch witnesses and recovered said fake currency notes. Thereafter, investigated and submitted charge sheet.
4. The learned counsel for the petitioner points out that according to the documents, the mahazar was drawn on the spot between 4.25 pm to 5.30 pm and thereafter, print out was taken and signature of the panch witnesses were taken. Learned counsel further points out that in the FIR, it is stated that, all those things happened within 4.15 pm and FIR was registered at 4.15 pm itself. Learned counsel further points out that in the charge sheet papers, accused said to have been arrested at about 2.15 pm itself on the said date. The learned counsel points out and argues that if accused has already in the custody of police at 2.20 pm itself, the recovery and drawing up of mahazer between 2.00 to 4.15 pm are became fake. These discrepancies as pointed out by the learned counsel have 4 to be established beyond reasonable doubt during the course of full-dressed trial.
5. Looking to the above said circumstances, when the same doubts are araised by the learned counsel for the petitioner and further added to that, when there is a recovery of Rs.20,00,000/- of fake currency notes at the instance of accused and there is no material to show for what purpose he had the same, has to be established during the course of full fledged trial. The offences are not punishable either with death or imprisonment for life. The petitioner also stands on the same footing as that of other accused who are enlarged on bail. Therefore, the petitioner-accused No.2 is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.2 shall be released on bail in connection with Crime No.67/2019 of Yelahanka Police Station registered 5 for the offence punishable under Sections 489A, 489B, 489C, 489D, 489E read with Section 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh Rupees only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE SB