Karnataka High Court
Harish S/O Mahadevappa Bhovi vs The State Of Karnataka on 18 July, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO. 101880 OF 2022
BETWEEN:
HARISH S/O. MAHADEVAPPA BHOVI
AGE: 29 YEARS, OCC: DRIVER,
R/AT. MALALI,
TQ. KUNDGOAL.
... PETITIONER
(BY SHRI. CHANDRASHEKHAR S. NAGASHETTI, ADV.)
AND:
THE STATE OF KARNATAKA,
BY HUBBALLI RAILWAY POLICE STATION,
REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARRWAD BENCH-580011.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO ENLARGED THE PETITIONER ON BAIL IN S.C.
NO.5047/2021 ON THE FILE OF THE COURT OF V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTION 489(B), 489(C) AND
420 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking for grant of bail in S.C. No.5047/2021 pending on the file of V Additional District and Sessions Judge, Dharwad sitting at Hubballi for the offences punishable under Sections 498(B), 489(C) and 420 read with Section 34 of Indian Penal Code (for short 'IPC') on the complaint of Hubballi Railway Police Station in Crime No.43/2021.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
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3. The case of the prosecution is that on Suo-moto case registered by the Hubballi Railway Police Station on 15.08.2021 alleging that they got credible information at about 9.00 a.m. that a person coming to the Railway Station for circulating the fake currency notes. After obtaining the permission from higher authorities, he along with punchas went to the spot, where this petitioner is trying to escape, suspecting him they chased and caught hold the accused. After an enquiry and search and found 500 currency notes as well as 200 currency notes, total Rs.1,05,000/- in his pocket. Apart from Rs.3,500/- original currency notes. On enquiry he has reveals he is waiting for to give amount to the one person. After taking into custody they bring him to the Police Station and also searching in the house of petitioner seized the printer, white papers and other materials were seized, apart from some more counter feet currency notes of 500 each. After producing the accused before the Court he was reminded to judicial custody. His bail petition came to the rejected, hence he is before the Court.
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4. The learned counsel for the petitioner contended that the petitioner is innocent of the alleged offences and he has been falsely implicated in the case. The accused No.2 though named in the FIR already granted bail. The statement of the witnesses reveals that the petitioner has no case against him even otherwise he is in custody for almost eleven months. The investigation is already completed and charge sheet has been filed. The presence of the petitioner may not required for the investigation, hence he prayed for grant of bail.
5. Per contra, the learned High Court Government Pleader seriously objected the petition and contended that they accused has committed heinous offence. Rs.1,05,000/- have been recovered from him by the police which are fake currency notes. That apart the Police also seized 156 currency notes from his house, apart from computer, zerox, printer, white papers etc. Hence, she prayed for rejection of bail petition.
6. Heaving heard the arguments and perused the records.
7. On perusal of the record it reveals that admittedly the petitioner said to the arrested on 15.08.2021 in Hubballi Railway 5 Police Station and they seized Rs.1,05,000/- fake currency notes consisting of 500 and 200 currency notes. After registering the case, the Police visited the house of the accused, once again they have seized 156 currency notes of 500 denominations, apart from the printing machine, white papers and other materials using for creating fake currency notes. It reveals that there is prima facie case made against the petitioner for having printing the fake currency notes and also circulating it to others.
8. The petitioner's parents are said to be unwell, therefore the petitioner is required for bail. Even the doctor stated that his mother is under depression has her son not getting the bail and the other doctor given certificate pertaining to the father stated that his father is suffering from Fistula and Rs.80,000/- required for treatment. On perusal of these two documents, it reveals that these documents are created for the purpose of getting bail. The alleged offences are heinous one, printing the fake currency notes and circulating to other, may cause much damage to the economical condition of the nation. If the petitioner granted bail he will commit similar offence and absconding from the case is not 6 ruled out. Therefore, I am of the view that the petitioner is not entitled for grant of bail.
9. Accordingly, the petition is hereby dismissed.
Sd/-
JUDGE SMM