Karnataka High Court
Megharaj S/O Arjun Ghatage vs The State Of Karnataka on 18 October, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF OCTOBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRL.P. No.101708 OF 2021
BETWEEN:
MEGHARAJ S/O ARJUN GHATAGE
AGE: 35 YEARS, OCCUP: AGRICULTURE
AND JCB OPERATOR
R/O: HUNSAWADI VILLAGE, TQ: HALIYAL
DIST: KARWAR (UTTARA KANNADA)
PIN CODE no.581 329.
...PETITIONER
(BY SRI.V . G. HOLEYANNAVAR, ADV .)
AND:
THE STATE OF KARNATAKA
REPT. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
BY PSI DANDELI RURAL POLICE STATION, DANDELI.
PINCODE 581 325.
... RES PONDENT
(BY SRI. R. B. CHI GARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTIO 439 OF CR.P.C. SEEKING TO RELEASE THE
PETITIONER/ACCUSED NO.4 ON BAIL IN DANDELI
2
RURAL POLI CE ST ATION CRIME NO.34/ 2021 NOW IN
C.C. NO.901/2021 FOR OFFEN CE PUNISHABLE U/ S
489(A), 489( B). 489( C)M 489(D) R/ W 34 OF I PC AND
NOW THE FIR AN D COMPLAINT AN D CHARGE SHEET
PAPER IS PENDING ON THE FILE OF CIVIL JUD GE AND
JMFC COURT, HALIYAL BY ALLOWING T HIS
APPLICATION AND ETC.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDER, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the accused No.4 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.34/2021 of Dandeli Rural Police Station for the offence punishable under Sections 489(A), 489(B), 489(C), 489(D) read with Section 149 of Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. It is the case of the prosecution that on 01.06.2021 at about 1.00 p.m., when the complainant was in police station, has received information that 3 some unknown persons in a white swift car bearing registration No.KA-36/N-1100, transporting fake currency notes through Barchi check-post road and he intimated the said information to his higher officers and obtained oral orders of the higher officer, secured his staff, Bank Manager and Cashier and reached the spot. At about 2.00 p.m., a white colour car came from Dandeli side and they stopped it. Three persons were there in the car and they tried to run and they caught hold two persons out of three and one person ran away and on enquiry, they told the name of the person who ran away as Shabbir Kutti (accused No.3 in the Charge-sheet) and on search there was one red colour bag found in the car containing 500 denominations of 100 currency notes of one bundle and in all 27 bundles, out of which a bundle contains original notes and remaining 18 bundles appears to be fake currency notes and the Manager and Cashier of 4 ICICI Bank confirmed 09 bundles of notes as original and 18 bundles as fake notes. On enquiry, they told that they came with Rs.4,50,000/- cash to collect 18 bundles fake currency notes from Shabbir Kutti and to circulate in Maharashtra State by giving original notes to Shabbir Kutti. The said complaint came to be registered in Crime No.34/2021 for the offences punishable under Sections 489A, 489B, 489C, 489D read with Section 34 of IPC. The petitioner/accused No.4 was arrested on 25.06.2021. The petitioner/accused No.4 filed Criminal Misc. No.5137/2021 seeking bail and the same came to be rejected by the I Addl. District and Sessions Judge, Karwar sitting at Sirsi by order dated 20.07.2021. Therefore, the petitioner is before this Court seeking bail. Subsequently charge sheet has been filed for the said offences. During the pendency of this petition, 5 the petitioner is arrayed as accused No.4 in the charge sheet. Earlier he was arrayed as accused No.9 in FIR.
3. Heard the arguments of learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It is the contention of the learned counsel for the petitioner that, the petitioner is innocent and he has not committed any offence as alleged and he has been falsely implicated in this case. He further contended that there is no allegation of printing of fake currency notes against the petitioner and there is no recovery of any fake currency notes from the petitioner/accused No.4 and only his mobile phone has been seized. He further submits that petitioner is a JCB operator and there are no criminal antecedents of the petitioner/accused No.4. He further submits that the said offence is not punishable with death or 6 imprisonment for life. As the charge sheet is filed, the petitioner is not required for custodial interrogation. He further submits that the Accused No.1, 7, 8 and 9 have been granted bail by the Sessions Court and accused No.5, 6, 11 and 12 have been granted bail by this Court. Therefore, on the ground of parity, the petitioner is entitled for grant bail and prays allow the petition.
5. Per contra, learned High Court Government Pleader contended that on looking to the entire charge sheet papers there is sufficient material against the petitioner for the offence alleged against him. He further submitted that the petitioner assisted accused No.1, who printed fake currency notes in circulating them. The mobile phone of petitioner/accused No.4 has been seized. He further submits that if the petitioner is granted bail, he will tamper the 7 prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
6. The offence alleged against the petitioner is under Sections 489(A), 489(B), 489(C), 489(D) 34, 35, 37, 120B read with 149 of IPC. Looking to the charge sheet, the main accusation is against accused Nos.1 to 3 who used to print fake currency notes and make circulation of said notes in the ratio of 1:2. The allegations against the petitioner/accused No.4 is that he participated in circulation of the fake currency notes and collected it from accused No.1, though there is no recovery of fake currency notes from the possession of accused No.4. The offence alleged against the petitioner is not punishable with death or imprisonment for life. As the charge sheet is filed, the petitioner is not required for any custodial interrogation. There are no any criminal antecedents of the petitioner. The petitioner is also entitled for 8 grant of bail on the ground of parity, as similarly placed other accused are granted bail. The main objection of the prosecution is that, if the petitioner is granted bail, he will tamper the prosecution witnesses. The said objection may be set right by imposing some stringent conditions.
7. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.4 is ordered to be released on bail in Crime No.34/2021 of Dandeli Rural Police Station subject to the following conditions:9
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all dates of hearing unless exempted and co-
operate in speedy disposal of the case.
Sd/-
JUDGE SMM