Karnataka High Court
Arun Kumar vs The State Of Karnataka on 10 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.874/2022
BETWEEN:
ARUN KUMAR
S/O RAJA MANIKYAM,
AGED ABOUT 23 YEARS,
R/AT GATE DUGLAPURA VILLAGE,
TARIKERE TALUK,
CHIKKAMGALURU DISTRICT-577228. ... PETITIONER
(BY SRI PRATHEEP K.C., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY OLD TOWN POLICE STATION,
BHADRAVATHI, SHIVAMOGGA DISTRICT,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001. ... RESPONDENT
(BY SRI VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.148/2021 OF BHADRAVATHI OLD TOWN POLICE STATION
SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 489A, 489B, 489C, 489D R/W. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.1 in Crime No.148/2021 of Bhadravathi Old Town Police Station, Shivamogga, for the offences punishable under Sections 489A, 489B, 489C, 489D read with Section 34 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case of the prosecution is that on 26.11.2021 at about 10:15 a.m, the Investigating Officer has received information that two persons are trying to circulate the fake currency notes. On such information at about 10:20 a.m, raid was conducted and an amount of Rs.14,000/- and one mobile were recovered at the instance of this petitioner. The matter is under investigation.
4. The learned counsel appearing for the petitioner would submit that only fake currency notes of Rs.14,000/- was 3 recovered from this petitioner. This petitioner is not having any criminal antecedents. A specific allegation against accused No.2 is that he indulged in printing and manufacturing of fake currency notes and no allegation against this petitioner that he indulged in manufacturing and printing of fake currency notes. Hence, he may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that an amount of Rs.14,000/- was recovered from this petitioner and this petitioner along with other accused indulged in circulating the fake currency notes and it affects the economy of the Country. Hence, there is a prima facie against the petitioner herein and the punishment provided is up to 10 years.
6. Having heard the respective counsel and taking into note of the gravity of the offences, an allegation is made that Rs.14,000/- was recovered at the instance of this petitioner. Regarding recovery is concerned, it is a matter of trial and also there are no criminal antecedents against this petitioner. The specific allegation against accused No.2 is that he had indulged 4 in manufacturing and printing of fake currency notes and xerox machine is also seized at the instance of accused No.2. Having taken into note of the seriousness of the offences, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.148/2021 of Bhadravathi Old Town Police Station, Shivamogga, for the offences punishable under Sections 489A, 489B, 489C, 489D read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.5
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of.
Sd/-
JUDGE cp*