Karnataka High Court
Paruk Pasha vs The State Of Karnataka on 25 June, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF JUNE, 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2159 OF 2014
BETWEEN:
1. PARUK PASHA
S/O. NASSER AHAMED
AGED ABOUT 42 YEARS
RESIDING AT NO.63
6TH CROSS, 9TH MAIN
DEVARAJU ARASUNAGARA
HALEGUDDAHALLI,
MYSORE ROAD,
BANGALORE - 560 026
2. SHEKNASIR
S/O. SHEAK GOUS
AGED ABOUT 45 YEARS
ROOM NO.6, GAYAVADI PATEL CHAL
NEAR TO VANJAVADI, MAHIM
MUMBAI, MAHARASHTRA STATE - 543 134
... PETITIONERS
(BY SRI.JAYASIMHA K.P, ADV.,)
AND:
THE STATE OF KARNATAKA
BY ITS INSPECTOR OF POLICE
BYTARAYANAPURA POLICE STATION
BANGALORE - 560 026.
... RESPONDENT
((BY SRI.NASRULLA KHAN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN CR.NO.88/2014 OF BYATARAYANAPURA P.S.,
BANGALORE CITY, FOR THE OFFENCES P/U/S 489(b) AND
489(C) OF IPC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This is the petition filed by the petitioners - accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 489-B and 489-C of IPC registered by the respondent - police in Crime No.88/2014.
2. Heard the arguments of the learned counsel appearing for the petitioners - accused Nos.1 and 2 and also learned High Court Government Pleader for the respondent - State.
3. I have perused the averments made in the bail petition and other materials placed on record produced along with the petition.
4. Looking to the averments made in the complaint, the case of the prosecution in brief that on 27-02-2014 at about 4.30 p.m., Sub Inspector of Police 3 along with his staff got credible information and they moved to the Satellite Bus stand, Mysore road, Bangalore and after going there, it was confirmed that two persons who were at the spot were possessing counterfeit currency notes and they were selling to the public for securing the said currency notes. It is also averment in the complaint that the raid party apprehended those two persons and from their possession i.e., from the possession of accused No.1 Rs.1,000/- denomination seized 113 counterfeit currency notes and from the possession of accused No.2, Rs.1,000/- denomination seized 152 counterfeit currency notes, totally 265 counterfeit currency notes were seized and seizure mahazar was prepared at the spot itself in the presence of punch witnesses. Then, on the basis of the said complaint, case has been registered against the accused persons for the alleged offences.
5. It is the contention of the learned counsel for the petitioner that case of the prosecution is imaginary 4 one and looking to the allegations it goes to show that these two petitioners were selling currency notes just like a vegetables in the public place. Hence, counsel submitted that petitioners have been falsely implicated in the case and they have not seized any materials to show that they were used for printing the said fake currency notes. Hence, he submitted that by imposing reasonable conditions, petitioners may be enlarged on bail.
6. As against this, learned High Court Government Pleader during the course of his argument submitted that from the possession of both the accused persons, fake currency notes were seized in the presence of punch witnesses under the seizure mahazar and hence, petitioners are not entitled to be granted with bail. Looking to the materials collected during investigation, it is no doubt true that the prosecution materials goes to show that the raid was conducted in the spot and these two petitioners were apprehended and materials prima-facie goes to show that from the 5 possession of both the petitioners fake currency notes were seized under the mahazar. But the contention of the learned counsel that the case of the prosecution is imaginary, cannot be accepted at all. However, currency notes which are said to be fake currency are the fake currency notes and it is already seized by the prosecution during the course of investigation and nothing further is to be seized from them and alleged offences are also not exclusively punishable with death or imprisonment for life. The investigation of the case is completed and charged has been filed. The petitioners have undertaken in their bail petition that they have been falsely implicated in the case and they are ready to abide by any of the reasonable conditions to be imposed by this Court. Under these circumstances, I am of the opinion that by imposing reasonable conditions, petitioners can be enlarged on bail.
7. Accordingly, petition is allowed. The petitioners - accused Nos.1 and 2 are ordered to be released on bail for the offences punishable under 6 Sections 489-B and 489-C of IPC registered by the respondent - police in Crime No.88/2014, subject to the following conditions:
(i) The petitioners shall execute
a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;
(ii) The petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) The petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE VMB