Karnataka High Court
Mr. Shivashankrappa vs The State By Halusuru Gate P. S on 10 July, 2023
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.5532 OF 2023
BETWEEN
MR. SHIVASHANKRAPPA
S/O. LATE KARIYAPPA,
AGED ABOUT 71 YEARS,
R/AT KANIGANAHALLI VILLAGE,
HUDUKULA POST,
BENGALURU TALUK,
KOLAR - 563 114.
... PETITIONER
(BY SRI RAHUL S. REDDY, ADVOCATE)
AND
THE STATE BY HALUSURU GATE P. S.,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI S. VISHWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.1916/2022
(CR.NO.180/2022) OF HALASURGATE P.S., BENGALURU CITY
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 258,
259, 260, 465, 468, 473, 420 READ WITH SECTION 34 OF IPC
ON THE FILE OF THE LXII ADDL.CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 7.7.2023, THIS DAY, THE COURT
MADE THE FOLLOWING:
2
ORDER
This petition is filed by the petitioner/accused No.9 under Section 439 of Cr.P.C for granting bail in Crime No.180/2022 registered by the Ulsoor gate police station, Bengalore, now pending in S.C.No.1916/2022, on the file of the LXII Additional City Civil and Sessions Judge at Bengaluru, filed charge sheet for the offence punishable under Sections 255, 258, 259, 260, 465, 468, 473, 420 read with 34 of IPC.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the suo- motu complaint registered by the Ulsoor gate police on 19.7.2022 alleging that as per their information some fake e-stamps were being sold in the Kandaya Bhavana Bangalore. Hence they set up a D-kayath Customer, who contacted one Karthik, accused No.2 for stamp paper then he introduced to the accused No.1. Accordingly, the police paid money for obtaining fake e-stamp papers by paying 3 Rs.10,000/- as advance amount. On the same day, the accused Nos.3 and 4 brought the stamp papers and the police trapped them. The accused Nos.1 to 4 were arrested on the voluntary statement and this petitioner was also arrested on 01.08.2022. He was remanded to judicial custody, where his earlier bail petition came to be rejected in Crl.P.No.10486/2022 dated 5.12.2022, hence once again he is before this court.
4. The learned counsel for petitioner has contended that the petitioner is aged more than 71 years and only one old stamp paper was recovered from him, on the ground that it was sold by accused No.7 and it was purchased in the name of one Pramila, the said Pramila is not examined. Absolutely there is no material against this petitioner for printing and circulating the e-stamp paper, The petitioner is in custody for almost one year, hence prayed for granting bail.
5. Per contra learned HCGP objected the petition and contended that he is a habitual offender and one more case is registered against him at Bangarpet police station. He is 4 involved in the purchasing of bogus e-stamp paper. Hence, prayed for dismissing the petition.
6. Having heard the arguments and on perused of the records, which reveals, this petitioner name was implicated on the voluntary statement of accused No.7 and the said accused No.7 said to have purchased paper from accused Nos.1 to 4 and sold to this petitioner and only one paper was seized from him which was pertaining to 2009 i.e., in the name of one Pramila. The police have not examined the said Pramila as a witness and it is not the case, where this petitioner either created the fake stamp paper or was selling it to the other persons, but he has purchased a stamp paper from accused No.7 and the said accused No.7 also having stall and he was the one who purchased from the accused No.1. Though one more case is pending against him the learned counsel for the petitioner submitted that he is friend of the accused No.7 and acquainted with accused No.7, therefore, he has been partially implicated in both cases. On considering the same, the allegation is only that he has purchased the e- 5 stamp paper from accused No.7 and implicated on voluntary statement of accused No.7 now investigation is completed, charge sheet is filed. The petitioner is in custody for almost one year. Also, he is aged about more than 71 years and now the case is committed to the court of sessions and pending for trial. Therefore, considering the facts and circumstances of the case, keeping this petitioner in judicial custody will not serve any purpose. The averments against this petitioner is lighter than the allegation against other accused persons. The apprehension of the prosecution may be safeguarded by imposing certain condition. Therefore, by imposing certain stringent conditions, if bail is granted to the petitioner, no prejudice would be caused to the case of the prosecution.
Accordingly, this criminal petition is allowed. The trial court is directed to release the petitioner- accused No.9 on bail in Crime No.180/2022 registered by the Ulsoor gate police station, Bengaluru, now pending in S.C.No.1916/2022 on the file of the LXII Additional City 6 Civil and Sessions Judge at Bengaluru, subject to the following conditions:
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with a surety for the likesum to the satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall take trial without causing any delay and
(v) Petitioner shall not leave the jurisdiction of this court without prior permission of the trial Court.
Sd/-
JUDGE AKV