Karnataka High Court
Smt.Suvarna W/O Sidramayya Mathad vs The State Of Karnataka on 7 February, 2019
Author: H.P.Sandesh
Bench: H.P.Sandesh
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 7 T H DAY OF FEBRUARY 2019
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITIO N NO.100057/2019
BETWEEN:
1. SMT.SU VARNA W/O. SIDRAMAYYA MATHAD
AGED ABOUT: 46 YEARS,
OCC: HOUSEHOLD WORK & SOCIA L WORK,
R/O: INDIRA NAGAR, KADAPATTI,
TQ: JAMKHANDI, DIST: BAGALKOTE.
2. SRI RAKESH S/O S HIVALING JANGAM
AGED ABOUT: 29 YEARS, OCC: AGRICULTU RE,
R/O: MADALMATTI, NOW A T KADAPATTI,
TQ: JAMKHANDI, DIST: BAGALKOTE.
... PETITIONERS
(BY SRI G I GACHCHINAMATH, ADVO CATE.)
AND:
THE S TA TE OF KA RNATAKA
BY ITS JAMKHANDI RURAL POLICE
REP. BY S TA TE PU BLIC PROSECU TO R,
DHARWAD.
... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP.)
2
THIS CRIMINAL PETITION IS F ILED UNDER
SECTION 439 OF CODE OF CRIMINAL PROCEDURE,
PRAYING TO ENLA RGE THE PETITIO NERS ON BAIL IN
CRIME NO .217/2018 OF JAMKHANDI RURAL POLICE
STA TION, REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 489D READ WITH
SECTION 34 OF IPC, ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLO WING:
ORDER
Heard the arguments of the petitioners' counsel and the HCGP for respondent State.
2. The factual matrix of the case is that on 20.11.2018, at about 4.30 p.m., when the complainant was on duty, he received the information that some people are preparing counterfeit notes and immediately along with his staff and panchas he went to the said house and found a lady in the house and shown the search warrant to her and they revealed that they came to search counterfeit notes and obtained her signature and went to bed room and found a colour printer, Xerox machine and note counting 3 machine and also chemical, note drying black plates and in a box they found similar note size black papers and a person was working with those materials and on enquiry his name is revealed as Rajesh and he made the statement that they are preparing the counterfeit notes by applying the chemical and they seized the said articles at the spot and arrested them and registered a case for the offence punishable under section 489(D) read with section 34 of IPC.
3. The petitioners in the bail petition has contended that they have been falsely implicated in the case and they have been in custody from October 2018 and further contended that the house of the petitioner No.1 is situated in a residential area surrounded by many houses and therefore it cannot be believed that the petitioners are indulged in such offence. If the alleged raid is conducted, then there is every possibility that 4 people would have gathered, but there is no such reference and the police officials have failed to name any independent person on the spot at the time of alleged date and time and also cited no independent witnesses to believe the credibility of the contents of the complaint. The petitioner No.2 is an agriculturist and he has not committed any offence and the very allegations made in the complaint are baseless. Both the petitioners are ready and willing to abide the conditions that may be imposed by this Court.
4. Per contra, the HCGP in his arguments, he contends that on credible information the police went to the house and found colour Xerox and note counting machine and other materials used for preparing counterfeit notes and both of them were apprehended and there are sufficient material to believe the case of the prosecution. 5
5. Having heard the arguments of the petitioners' counsel and the HCGP for the respondent, the only question that arises for consideration of this Court is that whether this Court can exercise the powers under section 439 of Cr.P.C. in the case on hand to enlarge the petitioner on bail.
6. Having considered the contents of the complaint it discloses that on credible information a raid was conducted and found colour Xerox machine, note counting machine and also found note drying black plates and also similar size black papers bundle and seized the same. On perusal of the complaint, only materials, colour printer and Xerox machine are seized and not the counterfeit notes. The petitioners' counsel also relied upon the order passed by this Court in Crl.P.No.4670/2015, wherein in similar circumstances when they found counterfeit notes 6 to the extent of `4,50,000/- in the possession of the accused, this Court has granted bail. For having taken of the fact that if the machineries which are seized are colour printer and other materials, the allegation is that they have also seized note drying plates and the petitioners' counsel also pointed out that no independent witnesses statement is recorded regarding the incident of arrest and by considering the same, it is a fit case to exercise the powers under section 439 of Cr.P.C., since already they are in custody from last three months and this Court is of the opinion that no further custody is required for further investigation, having considered the gravity of the offence and in order to safeguard the interest of the prosecution, this Court can impose certain conditions.
7. In view of the discussions made above, this Court proceed to pass the following: 7
ORDER The petition is allowed.
The petitioners shall be released on bail subject to the petitioners executing a bond for `1,00,000/- (one lakh rupees) each with one surety for the like sum.
The petitioners shall not tamper the prosecution witnesses.
The petitioners shall mark their attendance before the concerned police station on the 15 t h day of every month till the commencement of trial and the petitioners shall also assist the trial Court to complete the trial as soon as possible.
Sd/-
JUDGE Mr k/ -