Karnataka High Court
Rakesh vs State Of Karnataka on 29 January, 2014
Author: R.B Budihal
Bench: R.B Budihal.
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IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 29TH DAY OF JANUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.19/2014
BETWEEN:
Rakesh,
Aged about 20 years,
S/o. Ramalingaiah,
R/o. Billedoddi Village,
M.G. Palya Post,
Bidadi Hobli,
Ramanagara Taluk and District,
Pin:562 109. .. PETITIONER
(By Sri.Hanumaiah.H.C., Adv.)
AND:
State of Karnataka
By Bannur Police,
Mysore District,
By State Public Prosecutor,
High Court Buildings,
Bangalore-560 001. ..RESPONDENT
(By Sri. K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
the Cr.P.C. praying to enlarge the petitioner on bail in
Cr. No.214/2013 of Bannur P.S., Mysore District, for
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the offence P/U/S 120B, 468, 489A, 489C, 489D and
489E of IPC.
This Criminal Petition coming on for orders this
day, the Court made the following:
ORDER
This petition is filed by petitioner-accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 120B, 468, 489A, 489C, 489D and 489E of IPC registered in respondent-police station Crime No.214/2013.
2. Heard the arguments of the learned counsel for the petitioner-accused No.3 and also the learned Government Pleader for the respondent-State.
3. According to petitioner, he was hired by accused Nos.1 and 2. When the respondent-police went near the place where the car was parked, they saw three persons inside the car and after seeing the police, they closed the window glasses and tried to hide themselves 3 in the car itself. Ultimately, when the police have questioned and checked them including this petitioner, all the three accused persons were found in possession of black coloured papers of the size of currency notes. On being questioned, the accused themselves informed the police that if the black coloured piece of papers were washed with liquid and solution, they will turn into foreign currency and on that basis, the piece of papers possessed by all the three accused were seized by the police in the presence of panch witnesses. Accordingly, case came to be filed.
4. Learned counsel for the petitioner submitted that as per the allegations in the complaint, so far as the present petitioner is concerned, it is not the case of the prosecution that he was involved in printing as well as in circulation of the alleged fake currency notes. The allegation is, he was also possessing 23 black coloured papers, which were in the shape of the currency notes. He has submitted that mere possessing the currency 4 notes even if it is accepted, at this stage, attracts only the offence under Section 489(E) of IPC and not the other offences alleged. Learned counsel also submitted that the petitioner was taken to custody, since the alleged seizure has been completed, by imposing any reasonable conditions, petitioner may be admitted to bail.
5. As against this, learned Government Pleader during the course of his arguments submitted that the matter is still under investigation and at this stage, petitioner is not entitled to be released on bail. He has also submitted that if released on bail, he may tamper the prosecution witnesses and even he may abscond.
6. Perusing the complaint averments and as it is rightly submitted by the learned counsel for the petitioner that this accused person is the owner of the car and the only allegation he was possessing the counterfeit currency notes, which are said to be black 5 coloured papers in the size of currency notes. Therefore, by imposing reasonable conditions, petitioner can be admitted to bail. If there is any violation of the conditions, prosecution is always at liberty to approach the Court seeking cancellation of bail. Further, no other cases are filed against the petitioner and he is not having any criminal antecedents. The offences alleged are also not exclusively punishable with death or imprisonment for life. Therefore, looking to the materials on record and the allegation so far as the present petitioner is concerned, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioner.
7. Accordingly, petition is allowed. Petitioner is ordered to be released on bail of the alleged offences punishable under Sections 120B, 468, 489A, 489C, 489D and 489E of IPC registered in respondent-police station Crime No.214/2013 subject to the following conditions:
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(i) Petitioner shall execute personal bond for Rs.50,000/- and furnish one solvent surety for the like sum to the satisfaction of the concerned Court.
(ii) Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE bkp