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Karnataka High Court

Vinod S/O Basavantappa Yallur vs The State Of Karnataka on 22 February, 2017

Author: K.N.Phaneendra

Bench: K.N.Phaneendra

                                   1




            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

             Dated this the 22nd Day of February 2017

                             BEFORE

           THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

                Criminal Petition No. 100240/2017
Between:

1.     Vinod s/o Basavantappa Yallur,
       Age: 21 years, Occ: Agriculture,
       R/o Kumareshwar Nagar, Hanagal,
       Tq: Hanagal, District: Haveri.

2.     Deepak s/o Suresh Sudambi,
       Age: 19 years, Occ.: Student,
       R/o Hanagal, Hanagal Taluk,
       District Haveri.
                                                    -    Petitioners
(By Smt. Manjula N. Tejaswi, Advocate)

And:

The State of Karnataka
Through Kaladagi Police Station,
Rep. by Addl. SPP, Dharwad.
                                                -       Respondent
(by Smt. Veena Hegde, HCGP)

      This Criminal Petition is filed under 439 of Cr.P.C.,
praying to grant bail to the petitioners in connection with Crime
No. 84/2016 of Kaladagi Police Station for the offences
punishable u/S 489(A), 489(B), 489(C), 489(D), 489(E), 420 r/w
Sec. 34 of IPC & etc.

      This Criminal Petition coming on for orders this day, the
Court made the following:
                               2




                          ORDER

Heard the learned counsel for the petitioners and the learned Government Pleader for the State. Perused the records.

2. It is alleged that on 28.08.2016 on receiving credible information the Police have intercepted a red colour Maruti Swift Car bearing No.KA-28-N-2686 and found the petitioners in the said Car. The Police have also conducted a search of the said car and found huge number of counterfeit currency notes of denomination of Rs.1,000/- and Rs.500/-, totalling a sum of Rs.8,00,000/-, alleging that the accused persons were transporting the said counterfeit currency notes for the wrongful gain and for the purpose of distributing the same to some other persons. One of the accused persons by name Tippesh ran away from the car at the time when the Police have intercepted the said car. The Police have recorded the statement of the petitioners and they stated that the person who ran away is the person who is transporting the said currency notes for the purpose of distributing the same to 3 somebody. On these allegations the Police have thoroughly investigated the matter and submitted the charge sheet. During the course of investigation the Police have also recovered a Laptop and a colour printer in connection with the same. It is alleged that the accused persons have been printing fake notes with the help of the Laptop as well as the colour printer.

3. It is not only the allegation that they are transporting the above said counterfeit notes for the purpose of distributing for wrongful gain but also they are the persons involved in printing counterfeit currency notes. When such strong materials are placed before the Court, in my opinion, when the petitioners were caught red-handed with such huge counterfeit currency notes, it is not a fit case to enlarge the petitioners on bail. Hence, the petition deserves to be dismissed and is hereby dismissed.

The learned counsel for the petitioners however, submitted that the petitioner No.2 (accused No.1) is a student and his career will be spoiled if he is not released on bail. 4 But, when such prima facie materials are available, the said ground is not sufficient to enlarge the petitioners on bail. The petitioners were arrested on 28.08.2016 and since then they have been in judicial custody.

The learned counsel for the petitioners further submitted that the matter is set for committing the case to the Court of Sessions.

Under the above said facts and circumstances of the case, considering the submission of the learned counsel, it is just and necessary to direct the trial Court to frame charges as expeditiously as possible and dispose of the case itself on merits, preferably within six months from the date of receipt of a copy of this order.

With the above observations, the petition stands dismissed.

Sd/-

JUDGE bvv