State Of Karnataka vs Afroz on 7 January, 2016

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Karnataka High Court

State Of Karnataka vs Afroz on 7 January, 2016

Bench: A.V.Chandrashekara

                              -1-



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY 2016

                           BEFORE

    THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA

             CRIMINAL PETITION NO.7302/2015

BETWEEN:

State of Karnataka by
Mahadevapura Police Station,
Bangalore - 560 048.                               ... Petitioner

(By Sri.K.Nageshwarappa, HCGP)

AND:

Afroz,
S/o Yakhub Sab,
Aged about 41 years,
No.130, 4th Cross,
Ajaad Nagar,
Near Durgamma Temple,
Gowribidanur,
Chikkaballapura District -561 208.              ... Respondent

(By Sri. S.R.Jagadish, Advocate)

      This Crl.P., is filed U/s 439(2) of Cr.P.C., praying to set
aside the Judgment and order dated 06.05.2015 passed in
Crl.Misc.No.25495/2015 passed by the Learned LVII Addl.
City Civil and S.J., Mayo Hall, Bangalore and cancel the bail
granted to the respondent accused for the offence P/U/S
489(B)(C), 120 (B) R/W 34 of IPC by allowing this petition
and direct the respondent-accused be committed to Judicial
Custody.
                              -2-



     This Crl.P coming on for Orders this day, the Court
made the following:

                          ORDER

Heard the learned HCGP and the learned counsel representing the respondent - accused.

2. The present petition is filed under Section 439(2) of Cr.P.C., to cancel the regular bail granted in favour of the respondent - accused by the learned Sessions Judge (CCH-

58), Bengaluru, in Crl.Misc.No.25495/2015 on 6.5.2015.

3. A case is registered against the accused, who is respondent herein, in Crime No.217/2015 on the file of Mahadevapura Police Station, for the offences punishable under Sections 489C, 34, 120B, and 489B of IPC. He was arrested on 31.3.2015 on the allegation that he had possessed fake notes and was attempting to circulate the same as genuine notes. It is alleged that he had possessed 2 bundles notes of Rs.500 denomination and 4 bundles of notes of Rs.1,000/- denomination containing 398 notes. Since the fake currency was already recovered and major portion of the investigation was already over and since the -3- respondent is a resident of Gowribidanur town and in the light of the unequivocal undertaking given by the respondent, the learned Sessions Judge chose to enlarge him on regular bail vide order dated 6.5.2015. It is this order, which is sought to be got cancelled.

4. It is submitted by the learned counsel for the respondent that investigation is completed and charge sheet is already filed. It is not the case of the State that the respondent has not cooperated with the I.O., in conducting investigation. The learned Sessions Judge has imposed as many as eight conditions on the respondent - accused and he has complied with the same.

5. After perusing the impugned order, this Court is of the opinion that no grounds are made out to cancel the well considered order under which the respondent is enlarged on regular bail under Section 439 of Cr.P.C. Accordingly, the petition is rejected.

Sd/-

JUDGE nd/-

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