Karnataka High Court
Subramaniyan vs State Of Karnataka on 21 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:29573
CRL.P No.5578 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.5578 OF 2023
BETWEEN:
SUBRAMANIYAN
S/O THIRUMALAI,
AGED ABOUT 60 YEARS,
R/AT NO 135, PARADISE STREET,
TENCOSY POST,
TENKAY DISTRICT,
TAMIL NADU - 627 811
...PETITIONER
(BY SRI. RAKSHITH R, ADVOCATE)
AND:
STATE OF KARNATAKA
BY SIDDAPURA PS
REP BY SPP
Digitally
HIGH COURT OF KARNATAKA
signed by BENGALURU - 560 001
MADHURI S ...RESPONDENT
Location: High (BY SMT. SOWMYA R, HCGP)
Court of
Karnataka
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.688/2023 OF SIDDAPURA POLICE STATION, PENDING
ON THE FILE OF LXIX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU (CCH-10) FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 489A, 489B, 489C, 511, 420
R/W 34 OF IPC IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:29573
CRL.P No.5578 of 2023
ORDER
Accused No.3 in S.C.No.688/2023 pending before the Court of Principal City Civil and Sessions Judge, Bengaluru arising out of Crime No.308/2022, registered by the Siddapura Police Station, Bengaluru for the offences punishable under Sections 489C, 34, 489B, 420 and 489A of IPC, is before this Court seeking regular bail.
2. Heard learned counsel for the parties.
3. On the basis of the complaint lodged by one Santhosh Ram R, Inspector of Police, CCB, Bengaluru, Siddapura Police Station, registered FIR in Crime No.308/2022 for the aforesaid offences against one Picchimuttu, Nalla Kani and others. As per the complaint averments, the complainant had a credible information that a person from Tamil Nadu had arrived at Bengaluru on 28.02.2022 and he has got down from the bus near Lalbagh East Gate. It is averred in the complaint that the said person had arrived in furtherance of a conspiracy. Therefore, the complainant along with the other Police -3- NC: 2023:KHC:29573 CRL.P No.5578 of 2023 Staff had reached the Lalbagh East Gate and arrested said person who revealed his name as Picchimuttu. From his custody, 6203 counterfeit notes of 2,000 denomination, 174 counterfeit notes of 500 denomination were seized. The total of the counterfeit seized notes from the said person amounted to Rs.1,24,06,000/- + 87,000/- = Rs.1,24,93,000/-. Based on the statement made by the said person, FIR was registered in Crime No.308/2022 against him and also against accused No.2-Nalla Kani. During the course of investigation, Nalla Kani and the petitioner, who was found along with him, were arrested on 30.12.2022. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioner in Criminal Miscellaneous No.3858/2023 on the file of LXIX Additional City Civil and Sessions Judge, Bengaluru was dismissed on 14.06.2023. It is under these circumstances, the petitioner is before this Court.
4. Learned counsel for the petitioner submits that petitioner is innocent of the alleged offences and he has -4- NC: 2023:KHC:29573 CRL.P No.5578 of 2023 been falsely implicated in the case. He submits that the petitioner is a Ex.Serviceman, who has served the Border Security Force for more than 21 years and he has produced necessary documents in support of his arguments. He further submits that on 30.12.2022, petitioner was found along with accused No.2 and when the Police who were in mufti tried to arrest accused No.2, petitioner assaulted the police and therefore, he has been implicated in the case and arrested along with accused No.2 by the Police. He submits that there is no recovery of any counterfeit notes or machineries from the possession of the petitioner in the present case. Petitioner has no criminal antecedents.
5. Per contra, learned HCGP opposed the bail application and vehemently submitted that raid was conducted to the house premises of accused No.2 and recovery has been made. She therefore prays to dismiss the petition.
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NC: 2023:KHC:29573 CRL.P No.5578 of 2023
6. The material on record would go to show that on credible information received by the complainant, he along with other police staff had arrested accused No.1 on 28.12.2022 near Lalbagh East Gate and had seized counterfeit notes from him which totally amounted to Rs.1,24,93,000/-. The voluntary statement of accused No.1 recorded thereafter would go to show that he had only implicated accused No.2. In his statement he had stated that the counterfeit notes were supplied to him by accused No.2. On 30.12.2022, petitioner, who was found along with accused No.2 was arrested by the Police. Based on the alleged statement made by accused Nos.2 and 3, Police had visited the house of accused No.2 and from the said house, they had recovered certain counterfeit notes and machineries/computer which were used for the purpose of preparing counterfeit notes. Admittedly, no recovery is made either from the petitioner or from the place belonging to him.
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NC: 2023:KHC:29573 CRL.P No.5578 of 2023
7. Learned counsel for the petitioner had submitted that petitioner is an Ex.Serviceman, who has served the Border Security Force for more than 21 years. He has specifically stated that on 30.12.2022, when the Police who were in mufti tried to arrest accused No.2, petitioner assaulted the police and therefore, he has been implicated in the present case and arrested by the Police.
8. Be that as it may be, without expressing any opinion on the merits of the case, having regard to the fact that there is no recovery from the petitioner and since petitioner also has no criminal antecedents, the investigation is completed and charge sheet is filed, I am of the opinion that petitioner has made out prima facie case for grant of regular bail.
9. Accordingly, the petition is allowed. The petitioner - accused No.3 is directed to be enlarged on bail in Crime No.308/2022 registered by Siddapura Police Station, Bengaluru City for the offence punishable under -7- NC: 2023:KHC:29573 CRL.P No.5578 of 2023 Sections 489C, 34, 489B, 420 and 489A of IPC subject to the following conditions:
a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/-
(Rupees One lakh only) with two
sureties for the likesum, to the
satisfaction of the jurisdictional
Court/concerned court;
b. The petitioner shall appear regularly on
all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d. The petitioner shall not involve in similar offences in future;
Sd/-
JUDGE MDS List No.: 1 Sl No.: 48