Krishna Kumar @ Krishna vs The State Of Karnataka on 17 May, 2018

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Karnataka High Court

Krishna Kumar @ Krishna vs The State Of Karnataka on 17 May, 2018

Bench: John Michael Cunha

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 17TH DAY OF MAY 2018

                             BEFORE

       THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.2543/2018

BETWEEN:

Krishna Kumar@Krishna,
S/o Late Narayanappa,
Residing at No.15,
2nd cross, 12th main road,
Vijayanagar, Bengaluru-40.                     ...Petitioner

(By Sri. Srivasthava. H.K. Advocate)

AND:

The State of Karnataka,
Represented by
Special Public Prosecutor,
The Inspector,
By Vijaynagar P.S.                           ...Respondent

(By Sri.S.Vishwamurthy, HCGP.)


      This Criminal Petition is filed under Section 439     of
Cr.P.C., praying that this Hon'ble Court may be pleased     to
enlarge the petitioners on bail in Cr.No.117/2018           of
Vijayanagar P.S. Bangalore for the offence P/U/S 489A, B,   C,
D r/w 34 of IPC.


      This Criminal Petition coming on for orders this day,
the Court passed the following:
                              2




                          ORDER

This petition is moved on behalf of accused No.3 against whom there are serious accusations of commission of offence punishable under Section 489A, B, C and D read with Section 34 of the Indian Penal Code.

2. The petitioner was arrested on 09.03.2018 based on the voluntary statement of accused Nos.1 and

2. According to the prosecution accused Nos.1 and 2 were found in possession of counterfeit currency notes amounting to Rs.1,57,000/-. The said accused Nos.1 and 2 were caught red handed and a colour printer, a paper cutter and three mobile phones said to have been used for the commission of above offences were seized from the possession of the said accused.

3. Even though the petitioner/accused No.3 was arrested on 09.03.2018 the learned High Court 3 Government Pleader has not produced any material to show that subsequent to his arrest any incriminating evidence is recovered at the instance of the petitioner so as to connect him to the alleged offence. Even though time was granted to the learned High Court Government Pleader to produce the CD, the learned High Court Government Pleader has not made available the CD indicating that no incriminating evidence appears to have been collected in proof of the charges leveled against the petitioner. The learned High Court Government Pleader has not filed any statement of objections disclosing the specific imputations against the petitioner or his involvement in any such other offences. It appears that solely on the basis of the voluntary statement of the co-accused the petitioner has been arraigned without there being any prima facie material in proof of the allegations. The petitioner therefore is entitled for bail subject to the conditions. Hence the following order.

                      4




                     ORDER

a.       The petition is allowed.

b.       The petitioner is ordered to be enlarged

on bail on furnishing a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties to the likesum to the satisfaction of the jurisdictional Court;

c. The petitioner shall mark his attendance in Vijaynagar police station on the last day of every calendar month until the submission of the final report. d. The petitioner shall appear before the Court as and when summoned;

e. The petitioner shall not threaten or allure the prosecution witnesses in any manner;

f. The petitioner shall not leave the jurisdiction of the Trial Court without prior written permission.

g. The petitioner shall not get himself involved in similar offences.

Sd/-

JUDGE ykl/rb

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