Karnataka High Court
Ravi S/O Late Raghu vs The State Of Karnataka on 16 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103241 OF 2022
BETWEEN:
RAVI S/O. LATE RAGHU
AGED ABOUT 31 YEARS,
OCCUPATION. CMC PROGRAMMER,
R/O. NO.342, MOGARAHALLI VILLAGE,
KRS ROAD, SRIRANGAPATNA TALUK,
MANDYA DISTRICT 571438.
...PETITIONER
(BY SRI. SUNILKUMAR BANGARI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY TOWN POLICE STATION HOSAPETE,
HOSAPETE (VIJAYANAGAR) DISTRICT 583201.
REPRESENTED BY SPECIAL PP,
HIGH COURT OF KARNATAKA,
DHARWAD 580008.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON
BAIL IN CRIME NO.103 OF 2022 REGISTERED BEFORE TOWN
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CRL.P No. 103241 of 2022
POLICE STATION, HOSAPETE FOR THE OFFENCES PUNISHABLE
U/S 489B, 489C AND 34 OF THE IPC, PENDING ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM AT HOSAPETE
(VIJAYANAGAR).
THIS CRIMINAL PETITION IS COMING ON FOR
ORDER, TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused No.5 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail Hosapet Town Police Station Crime No.103/2022 registered for the offences punishable under Sections 489B, 489C read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that on 20.08.2022 at about 5.15 p.m. the complainant Sri Nagaraja, Head Constable-498 was on patrolling duty, at that time he received the direction from the Police Sub- -3- CRL.P No. 103241 of 2022 Inspector that the inmates in room No.104 of the Venkteshwar Lodge, Ranipete at Hosapete are circulating fake counterfeit currency notes in general public. Immediately after receipt of the direction from his senior officer, he visited the spot at about 5.30 p.m. and confirmed the information is genuine and the same is reported to the Police Inspector, Hosapete. He filed the complaint in that regard which came to be registered in Crime No.103/2022 of Hosapete Town Police station for the offences punishable under Sections 489B, 489C read with Section 34 of IPC against one Kuberappa and another. It is further case of the prosecution that on 20.08.2022 at about 7.00 a.m., the Police Inspector of Town Police Station along with his staff, panchas and officials of SBI visited the spot and conducted raid in room No.104 of Venkteshwar Lodge, Ranipete at Hosapete and found inmate in the said room No.104 by name Kuberappa Talawar (accused No.1). On enquiry he revealed that other persons are there who stayed in room No.101 of the -4- CRL.P No. 103241 of 2022 same lodge and they went outside to circulate the fake counterfeit notes. In the said raid the Police have seized 82 fake currency notes having face value of Rs.500/- i.e., about 41,000/- rupees and one mobile phone and taken accused No.1 into custody. It is further case of the prosecution that on 21.08.2022 on receipt of the information that other accused have came to the lodge, they again went to the lodge and found accused Nos.2 to 5 and conducted raid and seized counterfeit notes from them under Mahazar and arrested them and they are in judicial custody. The Police after completing investigation filed the charge sheet against accused Nos.1 to 5 for the offences punishable under Sections 489B and 489C read with Section 34 of IPC. Accused No.5 filed bail application in Criminal Miscellaneous No.5541/2022 and the same came to be rejected by the III Additional District and Sessions Judge, Ballari sitting at Hosapete by order dated 16.09.2022. Therefore, the petitioner/accused No.5 is before this Court seeking bail.
-5-CRL.P No. 103241 of 2022
3. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- State.
4. Learned counsel for the petitioner would contend that the petitioner/accused No.5 is innocent and he has been falsely implicated in this case. It is his further submission that the petitioner in search of a job went to Hosapete and at that time he was arrested. It is his further submission that on looking to the lodge register there is an alteration in the room number and time and itself goes to show that the Police have manipulated the records and impleaded the accused persons. It is his further submission that the owner of the lodge Sandeep - CW.23 has stated that Kuberappa and other four persons have occupied the room No.104 on 20.08.2022 at 4.15 p.m., but in the lodge register it was stated 4.00 p.m. It is his further submission that as the charge sheet is filed, the petitioner is not required for custodial interrogation. -6- CRL.P No. 103241 of 2022 The offences alleged against this petitioner/accused No.5 are not punishable with death or imprisonment for life. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the charge sheet material shows prima facie case against this petitioner and other accused for the offences alleged against them. At the time of arrest of this petitioner he was found possessing 45 fake counterfeit currency notes of denomination of Rs.500/- worth Rs.22,500/-. It is his further submission that there is recovery of printer, laptop and other articles used for preparing counterfeit currency notes at the instance of accused No.2. It is his further submission that CWs-8 to 19 are the eyewitnesses to the incident. The voluntary statement of petitioner/accused No.5 clearly shows his involvement in commission of offence. It is his further submission that the petitioner is suspected to be involved in Crime No.128/2022 of Harihar Rural Police -7- CRL.P No. 103241 of 2022 Station registered for the offence punishable under Sections 489A, 489B and 420 of IPC. It is his further submission that the offences alleged against this petitioner/accused No.5 are punishable with imprisonment for 10 years. Mere discrepancy in the date of filing the complaint is not a ground for grant of bail. With this, he prayed to reject the petition.
5. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the charge sheet records and order passed by the learned Sessions Judge.
6. On raid being conducted in Vakteshwar Lodge, accused No.1 found in room No.104 and he was possessing 82 fake counterfeit notes of denomination of Rs.500/- worth of Rs.41,000/- and on the next day i.e. on 21.08.2022 at about 5.00 a.m. accused Nos.2 to 5 were -8- CRL.P No. 103241 of 2022 also found in the same Lodge and they were caught. On being search accused No.2 was possessing 76 fake counterfeit notes of denomination of Rs.500/-, accused No.3 was found possessing 60 fake counterfeit notes of denomination of Rs.500/-, accused No.4 was found possessing 50 fake counterfeit notes of denomination of Rs.500/- and this petitioner/accused No.5 was found possessing 45 fake counterfeit notes of denomination of Rs.500/-, the said currency notes were seized under Mahazar. Subsequently printer, laptop and other articles used to prepare fake currency notes have been seized at the instance of accused No.2. The petitioner/accused No.5 is the resident of Mogarahalli village, Srirangapatna Taluk, Mandya District and he along with other accused came to Hosapte for circulating fake counterfeit currency notes. The charge sheet material shows prima facie case against this petitioner/accused No.5 for the offences alleged against him. One of the offence alleged against this petitioner is punishable with imprisonment for 5 years and -9- CRL.P No. 103241 of 2022 another offence alleged is punishable with 7 years. There is suspension that this petitioner is involved in Harihar Rural Police Station Crime No.128/2022 registered for the offences punishable under Sections 489A, 489B and 420 of IPC. If the petitioner/accused No.5 is granted bail, there are chances of repeating the same offence and threatening the prosecution witnesses. The offences alleged against this petitioner are heinous offences effecting the general public. Therefore, the petitioner/accused No.5 is not entitled for grant of bail. Hence, the petition is dismissed.
Sd/-
JUDGE SMM