Karnataka High Court
Shivarajkumar S/O Basappa Gudimani vs The State Of Karnataka on 8 December, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201665/2021
C/W
CRIMINAL PETITION No.201669/2021
IN CRL.P.NO.201665/2021
BETWEEN:
SHIVARAJKUMAR S/O BASAPPA GUDIMANI
AGE: 32 YEARS, OCC: COOLIE
R/O INDI, TQ. INDI
DIST. VIJAYAPURA-586123
... PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107
(THROUGH GANDHI CHOWK P.S.,
DIST. VIJAYAPURA-586101)
... RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO.4 ON BAIL IN THE EVENT OF ARREST
IN CRIME NO. 196/2021 OF VIJAYAPUR GANDHI CHOWK,
POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER
SECTION 489(B) AND (C) R/W SEC.34 OF IPC, PENDING
BEFORE I ADDL. JMFC, AT VIJAYAPUR.
IN CRL.P.NO.201669/2021
BETWEEN:
UDAYKUMAR S/O BASAPPA GUDIMANI
AGE: 35 YEARS, OCC: DRIVER
R/O NEAR ANJUMAN COLLEGE, INDI
TQ. INDI, DIST. VIJAYAPURA-586123.
... PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
R/BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107,
(THROUGH GANDHI CHOWK P.S.,
DIST. VIJAYAPURA-586101)
... RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE
PETITIONER/ ACCUSED NO.3 IN VIJAYAPUR GANDHI CHOWK
POLICE STATION, CRIME NO. 196/2021 FOR THE OFFENCES
3
PUNISHABLE UNDER SECTION 489(B) AND (C) R/W SEC.34 OF
IPC, PENDING BEFORE I ADDL. JMFC, VIJAYAPUR.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
These two petitions are filed under section 438 and 439 of Cr.P.C., by accused Nos.4 and 3 respectively seeking bail in respect of crime No.196/2021 of Vijayapur Gandhi Chowk Police Station for the offences punishable under Sections 489(b)(c) read with section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the State.
3. The factual matrix of the case is that on 20.09.2021, at about 10.30 a.m., on credible information that two persons are moving with an intent to circulate fake notes near Godavari Hotel, Athani Road, Vijayapur, the complainant along with his staff and two panchas went to the spot and caught hold the accused who were 4 possessing 9 notes of face value of Rs.200/-each and 2 notes of face value of Rs.100/-each and hence they were apprehended and case has been registered against them. During the course of investigation they revealed that accused No.3 has supplied the fake notes and accused No.4 printed the fake notes. Hence, these petitioners have been arrayed as accused Nos.3 and 4 based on the statement of co-accused.
4. The learned counsel for the petitioners would submit that in respect of accused No.4, there is no allegation and only in remand yadi mentioned against accused No.3 that he has supplied the fake notes and in the remand yadi no reference was made with regard to accused No.4 and there is apprehension of arrest based on the co-accused statement. The other accused No.3 is already in custody from 27.09.2021. Hence, there is no need of continuing accused No.3 in custody.
5. Per contra, learned High Court Government Pleader for the State would submit that these two 5 petitioners are the brothers and they indulged in printing fake notes and also circulating the same through accused Nos.1 and 2. He submits that investigation is not yet completed and hence, the presence of accused No.4 is necessary though accused No.3 is in custody from 27.09.2021. The Material has to be collected from both of them regarding printing of fake notes.
6. Having heard the respective counsels and on perusal of material available on record i.e., fake notes are recovered from accused Nos.1 and 2 and they are not before the Court, these two accused are arrayed as accused Nos.3 and 4 on the statement of co-accused. Hence, taking note of the fact that these two accused persons have been implicated on the basis of co-accused statement and already accused No.3 is in custody from 27.09.2021, it is appropriate to exercise discretion under Section 439 of Cr.P.C., and the petitioner accused No.4 can be directed to appear before the Investigating Officer 6 for further investigation as no specific allegation in remand yadi against him.
7. In view of the observations made above, I pass the following:
ORDER Both the petitions are allowed.
The petitioner/accused No.3 in Criminal Petition No.201669/2021 shall be released on bail in connection with Crime No.196/2021 of Gandhi Chowk Police Station, Vijayapur registered for the offences punishable under Sections 489(b) and (c) read with section 34 of IPC, subject to the following conditions:
(i) Petitioner/accused No. 3 shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the like-
sum to the satisfaction of the
jurisdictional Court.
7
(ii) Petitioner/accused No. 3 shall not indulge
in tampering the prosecution witnesses.
(iii) Petitioner/accused No. 3 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) Petitioner/accused No.3 shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Petitioner/accused No.4 in Criminal Petition No.201665/2021 shall be released on bail in the event of his arrest in connection with Crime No.196/2021 of Gandhi Chowk Police Station, registered for the offences punishable under Sections 489(b) and (c) r/w Section 34 of IPC, subject to the following conditions:
(i) Petitioner/accused No.4 shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of 8 Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) Petitioner /accused No.4 shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner /accused No.4 shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.
Sd/-
JUDGE VNR