Karnataka High Court
Afroz vs State on 2 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.308/2018
BETWEEN:
Afroz,
S/o. Yakub Sab,
Aged about 42 years,
Residing at P.H. Colony,
B.G. Palya Circle,
Tumkur - 571429. ...Petitioner
(By Sri. C.N. Raju, Advocate)
AND:
State of Karnataka
By Koratagere Police,
Tumakuru. ...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.101/2017 (S.C. No. 5040/2017) of Koratagere
Police Station, Tumakuru District registered for the
offence p/u/s 420, 489B of IPC.
2
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Section 489B and 420 read with Section 34 of IPC registered by the respondent Police in Crime No. 101/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused -1 and also the learned High Court Government Pleader for the respondent State.
3. The prosecution case in brief is, on credible information regarding the circulation of counterfeit currency notes, the inspector along with panchas conducted raid on the house of accused -2, seized 52 currency notes of Rs.500/-, 55 notes of Rs.100/-, 55 notes of Rs.50/- and 76 notes of Rs.20/- denominations. which was kept in the plastic bag below the steel almirah. 3 On verification the accused confessed that the above notes were zerox copies of the colour print and the said notes were seized in the presence of Panchas.
4. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case.
5. Learned counsel appearing for the petitioner/accused No.2 submitted that so far as the petitioner is concerned there is no prima facie materials placed by the prosecution. Only on the basis of the voluntary statement of the other accused he has been implicated falsely in the case. The accused No.1 approached this Hon'ble Court and released on Bail by order dated 16.01.2018 passed in Crime No. 8545/2017, allowed the petition and accorded bail to the petitioner. The counterfeit currency notes have been seized. Therefore, the seizure aspect is already over. He submitted that from the date of arrest the present petitioner is in custody and there is a false implication of 4 the petitioner. He contended that the petitioner is ready to abide by any reasonable conditions that may be imposed by this Court.
6. The alleged offences are also not exclusively punishable with death or imprisonment for life. Accused No.1 is already on bail against whom the same allegations are made of having counterfeit currency notes as per the prosecution case. Hence, by imposing conditions petitioner/accused No.2 is admitted to bail.
Accordingly, the Criminal Petition is allowed. The petitioner/accused No.2 is ordered to be released on bail for the alleged offences in crime No. 101/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned Court. ii. Petitioner shall not tamper any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE BVK