Karnataka High Court
G Kariappa vs State Of Karnataka on 13 September, 2023
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2023:KHC:33228
CRL.P No. 4832 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 4832 OF 2023
BETWEEN:
G. KARIAPPA,
S/O. LATE GOVINDAPPA,
AGED ABOUT 54 YEARS,
R/A NO.4, 9TH D MAIN,
BAIRAWESHWARA NAGAR,
NAGARBHAVI,
BANGALORE - 560 072.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
STATE OF KARNATAKA,
Digitally signed by BY HALASURU GATE PS,
LAKSHMINARAYAN
N REPRESENTED BY SPP,
Location: High HIGH COURT OF KARNATAKA,
Court of Karnataka
AMBEDKAR VEEDI,
BANGALORE - 01.
...RESPONDENT
(BY SRI. P. THEJAS, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.180/2022 OF
HALASURGATE P.S., BANGALORE FOR THE OFFENCE P/U/S
420, 465, 468, 471, 255, 258, 259, 260 AND 120(B) R/W 34
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NC: 2023:KHC:33228
CRL.P No. 4832 of 2023
OF IPC ON THE FILE OF THE LXII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE (CCH-63) IN
S.C.NO.1916/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This subsequent bail petition is filed by accused No.7 under Section 439 of the Cr.P.C. for grant of bail in S.C.No.1916/2022 in respect of crime No.180/2022 registered by Halasurgate Police Station and charge sheeted for the offences punishable under Sections 255, 258, 259, 260, 465, 468, 473, 420 read with 34 of the IPC.
2. Heard the arguments of learned Senior counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the suo motu complaint registered by the Halasurgate Police, the petitioner was arrested on 21.07.2022 alleging that he was running the stamp vending stall at Kandaya Bhavana and said to be having fake e-stamp numbering 12, which was seized by the Police -3- NC: 2023:KHC:33228 CRL.P No. 4832 of 2023 and he was remanded to judicial custody. The Police investigated the matter and filed the charge sheet. His previous bail petition came to be rejected by this Court on 28.02.2023. Hence, the petitioner is before this Court on additional grounds.
4. The learned counsel appearing for the petitioner submits that though this Court rejected the bail petition on the ground that the fake notary seal of the advocate was seized from the custody of the petitioner, however, in the charge sheet it is stated that the fake notary seal was seized from accused No.3 and not from accused No.7, as he is only a typist and also this Court has granted bail to the one of the accused and the Hon'ble Supreme Court has also granted bail to the accused Nos.8 and 10. Hence, prays for grant of bail.
5. Per contra, learned High Court Government Pleader opposed the bail petition.
6. Having considered the arguments, perused the records, the Police arrested so many accused persons for having selling the fake e-stamp papers and this petitioner is -4- NC: 2023:KHC:33228 CRL.P No. 4832 of 2023 only said to be a typist, who use to type on the stamp papers given by the other accused persons. The fake notary seal of the advocate is seized from accused No.3, but not from accused No.7 and the petitioner is in custody for almost more than one year and co-accused have been granted bail having similar allegations. Hence, this petitioner is also entitled for bail on the ground of parity. Hence, I pass the following:
ORDER The criminal petition is allowed. The trial Court is directed to release the petitioner/accused No.7 on bail in Crime No.180/2022, subject to the following conditions:-
I. Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;
II. Petitioner shall not tamper with the prosecution witnesses directly or indirectly;
III. Petitioner shall not indulge himself in similar offences strictly;-5-
NC: 2023:KHC:33228 CRL.P No. 4832 of 2023 IV. Petitioner shall not leave the jurisdiction of this Court without prior permission; and V. Petitioner shall take the trial without causing any delay;
If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
JUDGE JY List No.: 2 Sl No.: 4 CT: THK