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Karnataka High Court

Vasanthy vs The State Of Karnataka on 21 September, 2020

                               1
   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF SEPTEMBER, 2020

                           BEFORE

  THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

           CRIMINAL PETITION NO.4075 OF 2020

BETWEEN:

Smt. Vasanthy Court,
W/o. Late Samuel,
Aged 53 years, Occ: Maid,
Residing at No.19,
K.P.Purvashatman Nambia,
Byraveshwara Layout,
Hennur, Kalyananagar,
Bengaluru North-560043.
                                                   ...Petitioner
(By Sri. Mohan Kumar H.G., Advocate)

AND:

The State of Karnataka
Through Hennur Police Station,
Bengaluru City, Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru.
                                                ... Respondent
(By Sri. V.S.Vinayaka, HCGP)

      This Criminal Petition is filed under Section 439 Cr.P.C.
praying to enlarge the petitioner on bail in Cr.No.172/2020 of
Hennur Police Station, Bengaluru for the offence punishable
under Section 14 of Foreigners Act and Sections 489C, 489A,
489E read with 34 of IPC.
                                 2
      This Criminal Petition coming on for orders, this day
through video conferencing, the Court made the following:

                              ORDER

The petitioner is accused no.1 in Cr.No.172/2020 registered by the respondent - police for the offences under Sections 489C, 489A, 489E r/w Section 34 of IPC.

2. Heard both sides.

3. The FIR shows that on 4.8.2020, the police officer received information that some persons were involved in circulation of fake currency notes. After receiving this information, the police officer along with his staff conducted raid in the house of accused 2 and 3 and recovered fake currency notes of the denominations Rs.2,000/-, Rs.500/- and Rs.100/- of Indian currency and also of the United Kingdom. The allegation against the petitioner is that she had joined hands with the other accused for circulation of the fake currency notes. 3

4. The argument of the petitioner's counsel is that the petitioner was working as a maid servant in the house of the accused no.2 and 3. Since the alleged recovery was in the house of accused no.2 and 3, the petitioner is not involved in circulation of the fake currency notes. False allegations are made against her. She is a woman aged about 53 years. She is ready to co-operate with the police and for this reason petition has to be allowed.

5. The High Court Government Pleader submits that the investigation is not yet completed. In addition to accused no.1 to 3, there is involvement of other persons. The police have to trace the others and moreover the petitioner has given voluntary statement disclosing the manner in which she and other accused were involved in the circulation of the fake currency notes and therefore there are prima facie materials.

6. In the FIR there is a clear allegation against the petitioner that she was assisting the other accused for the 4 circulation of fake currency notes. The offences are serious. It may be a fact that there was recovery of the fake currency notes in the house belonging to accused no.2 and 3. Whether there is involvement of the petitioner in the circulation of fake currency notes or not is a matter to be proved by the police and at this stage the materials placed before the court clearly disclose her involvement. Investigation is not completed. I do not find good ground to admit the petitioner to bail. Therefore petition is dismissed.

Sd/-

JUDGE sd