Karnataka High Court
B Charan Singh vs State By The Station House Officer on 29 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:30787
CRL.P No. 4622 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4622 OF 2023
BETWEEN:
B. CHARAN SINGH
S/O LATE GANAPATHI SINGH
AGED ABOUT 47 YEARS
R/A NO.4/456,SUPER BAZAAR
ROAD, PRADDATUR,CADDAPAH
DISTRICT, ANDRA PRADESH
PINCODE - 516 320.
...PETITIONER
(BY SRI RAJAVARDHANA REDDY, ADV., FOR
SRI RANGANATH REDDY R, ADV.)
AND:
STATE BY THE STATION HOUSE OFFICER
SUBRAMANYAPURA POLICE STATION
BANGALORE, REPRESENTED BY
STATE PUBLIC PROSECUTOR
Digitally HIGH COURT OF KARNATAKA
signed by PINCODE - 560 001.
NANDINI MS
Location: High ...RESPONDENT
Court of
Karnataka (BY SMT. SOWMYA R, HCGP)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE CR.NO.19/2023 REGISTERED IN
SUBRAMANYAPURA POLICE STATION, BENGALURU CITY DISTRICT,
FOR THE OFFENCE P/U/S 489A, 489B, 489C, 489D R/W SEC. 34 OF
IPC, PENDING ON THE FILE OF II ACMM AT BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:30787
CRL.P No. 4622 of 2023
ORDER
1. Accused no.1 in S.C.No.550/2023 pending before the LX Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.19/2023 registered by Subramanyapura Police Station, Bengaluru City, for the offences punishable under Sections 489C, 34, 489B, 489A, 489D IPC, is before this Court seeking regular bail.
2. Heard the learned Counsel for the parties.
3. On the complaint of one Sri Raghu Naik, PSI of Subramanyapura Police Station, the Station House Officer of Subramanyapura Police Station had registered FIR in Crime No.19/2023 against the petitioner and another for the offences punishable under Sections 489C, 34, 489B, 489A IPC.
4. In the complaint, it is averred that when the complainant was in the Police Station on 19.01.2023 at about 1.30 p.m., an informant came to the police station and informed that two persons who were in a Baleno Car bearing registration No.AP- 21-CC-7854 were exchanging counterfeit notes. Immediately, the complainant along with his staff went to the spot and found that one person was standing near the Baleno Car and another -3- NC: 2023:KHC:30787 CRL.P No. 4622 of 2023 person was sitting inside the car. The complainant along with the staff and independent panchas went to the spot and apprehended the two persons found near and inside the car. The person sitting inside the car was a lady. On verification, it was found that the said persons were carrying eight bundles of Rs.500/- denomination counterfeit notes. The said persons informed the complainant that they had brought the said notes from Ananthapura in Andhra Pradesh State. Thereafter, the counterfeit notes and the vehicle used by the accused were seized under a mahazar, and the accused and the seized articles were produced before the Police Station and complaint was lodged which had resulted in registering FIR in Crime No.19/2023 against the petitioner and another. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Trial Court in Crl.Misc.No.3828/2023 was dismissed on 05.05.2023. It is under these circumstances, the petitioner is before this Court.
5. Learned Counsel for the petitioner submits that the petitioner was not in possession of the counterfeit notes. He submits that the petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has -4- NC: 2023:KHC:30787 CRL.P No. 4622 of 2023 been filed. Petitioner is ready and willing to abide by any conditions imposed on him while granting bail, and accordingly, prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition. She submits that on the basis of the statement made by the petitioner, raid was conducted at Ananthapura in Andhra Pradesh State and 2068 counterfeit notes of Rs.500/- denomination were seized. Accused nos.3 & 4 who were supplying counterfeit notes to the petitioner and another were arrested. A DELL Laptop which contained 60 scanned note files, a printer and ink bottle used for preparing the counterfeit notes were seized from the custody of accused nos.3 & 4. All the other accused are in custody. Accordingly, she prays to dismiss the petition.
7. The material on record would go to show that on credible information, complainant had conducted raid and had arrested accused nos.1 & 2. From the possession of accused nos.1 & 2, eight bundles of Rs.500/- denomination counterfeit notes were seized. The same was subjected to mahazar. The total amount -5- NC: 2023:KHC:30787 CRL.P No. 4622 of 2023 of seized counterfeit notes from accused nos.1 & 2 is Rs.4,09,000/-.
8. During the course of investigation, the confession statement of accused no.1 was recorded. Thereafter, a raid was conducted at Ananthapura in Andhra Pradesh State and accused nos.3 & 4 who are the suppliers of counterfeit notes to accused nos.1 & 2 were arrested. From their possession, 2068 counterfeit notes of Rs.500/- denomination were seized. In addition, a DELL Laptop which contained 60 scanned note files, a printer and ink bottle used for preparing the counterfeit notes were seized from the custody of accused nos.3 & 4.
9. The material on record would go to show that the petitioner and accused no.2 were arrested when they were attempting to circulate the counterfeit notes. The offence under Section 489B IPC is, therefore, clearly attracted against them. They had brought the counterfeit notes from Ananthapura to Bengaluru only for the purpose of exchanging the same with Indian currency notes. The offences under Sections 489A, 489B & 489C are not only against the State, but they also have an impact on the economic stability of the nation. The offence -6- NC: 2023:KHC:30787 CRL.P No. 4622 of 2023 under Section 489B is punishable with life imprisonment. There are sufficient material to connect the petitioner to the crime.
10. Merely for the reason that investigation is completed and charge sheet has been filed, the petitioner cannot be enlarged on bail. The petitioner and other accused persons hail from Andhra Pradesh. In the event of being released on bail, they are likely to flee away from justice. In the said event, the trial of the case is also likely to be affected. Accused nos.2 to 4 who have been arrested in the case are said to be in custody. Under the circumstances, I am of the view that the petitioner has not made out a case for grant of regular bail. Accordingly, the petition is dismissed.
Sd/-
JUDGE KK