Karnataka High Court
Dattatraya Alias Dattu S/O Siddaray ... vs The State Of Karnataka on 9 February, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
CRL.P No. 104183 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 104183 OF 2022
BETWEEN:
DATTATRAYA @ DATTU
S/O SIDDARAY @ SHIVRAY
KUMBAR URF KULKARNI
AGE. 27 YEARS, OCCUP. BUSINESS
R/O. INGAGALGI VILLAGE
DOPALEGALLI, VIJAYAPURA - 586 101.
...PETITIONER
(BY SRI VASANT.G.HOLEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPT. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
DHARWAD BENCH DHARWAD
Digitally signed
by
VIJAYALAKSHMI
M KANKUPPI
BY P.I. HUBBALLI
VIJAYALAKSHMI Location: High
M KANKUPPI Court of
Karnataka,
Dharwad
SUB-URBAN POLICE STATION
Date: 2023.02.21
13:46:36 +0530 HUBBALLI - 580 029.
...RESPONDENT
(BY SRI S VISWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FIELD U/S 439 OF CR.P.C., IS
SEEKING TO RELEASE THE PETITIONER/ACCUSED No. 4 ON BAIL
IN HUBBALLI SUB URBAN POLICE STATION CRIME No. 144/2022
FOR THE OFFENCE UNDER SECTION 420, 489(A)(C)(D) R/W 34
OF IPC AND NOW THE FIR AND COMPLIANT IS PENDING ON THE
FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, HUBBALLI BY
ALLOWING THIS APPLICATION.
-2-
CRL.P No. 104183 of 2022
THIS APPEAL COMING ON FOR ORDERS THIS DAY THROUGH
VIDEO CONFERENCING AT BENGALURU, THE COURT DELIVERED
THE FOLLOWING:
ORDER
Petitioner - accused No. 4 has filed this petition under Section 439 of Cr.P.C. seeking bail in crime No. 144/2022 of Sub-Urban Police Station, Hubballi, for the offence punishable under Sections 420, 489 (A), (C), (D) read with Section 34 of IPC.
2. Case of the prosecution is that one Kumari Kavita Madyal, PSI, Hubballi Sub-urban Police Station received credible information that some persons have brought counterfeit notes with an intention to circulate them and kept in room No. 98 of Sanman Lodge near old bus stand, Hubballi. She immediately went to Sanman Lodge and observed room No. 98 where three persons were sitting on the cot and were counting the currency notes. As there was every chance of the said persons escaping from the spot, she told her staff and PSI of Gokul Police Station to monitor them -3- CRL.P No. 104183 of 2022 by staying there and went to Sub-Urban Police Statioin, Hubballi and lodged a complaint. Based on the said complaint case came to be registered in crime No. 144/2022 for the aforesaid offences. Thereafter, the Investigating Officer along with staff and panchas came to Room No. 98 of Sanman Lodge wherein accused Nos. 1 to 3 were present and by drawing mahazar in the presence of panchas seized 129 counterfeit Indian currency notes having face value of Rs.200/- 73 counterfeit Indian currency notes having face value of Rs.100/-, one lakh dollars of USA, Certificate of Authenticity, two metals and three mobiles. During investigation accused No. 1 in his voluntary statement stated that these notes were given to them by accused No. 4 who is the petitioner herein. Accused No. 4 came to be arrested on 12.10.2022 and his voluntary statement was recorded. Accused No. 4 took the Investigating Officer and the panchas to a premises belonging to him in Bijapur where EPSON printer and articles like carbon paper, white sheets, ink were seized under mahazar along with four fake currency notes of denomination Rs.100/- and 20 genuine currency notes of -4- CRL.P No. 104183 of 2022 denomination Rs.100/-. The Investigating Officer, after completing investigation, has filed charge sheet against accused Nos.1 to 5 for offences under Sections 489(A), (C) and (D) read with Section 34 of IPC. Petitioner who is in judicial custody filed Crl.Misc. No. 5518/2022 seeking bail and the same came to be rejected by I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, by order dated 14.11.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard arguments of learned counsel for petitioner and the learned HCGP appearing for the respondent State.
4. Learned counsel for the petitioner would contend that the petitioner came to be arrested only on the statement of accused No. 1. Investigation is over. Four fake and twenty genuine currency notes of denomination of Rs.100/- along with printer and other articles were seized at the instance of this petitioner from his premises. As charge sheet is filed the -5- CRL.P No. 104183 of 2022 petitioner is not required for any custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this he prayed to allow the petition.
5. Per contra, learned HCGP appearing for the respondent - State would contend that the role of this petitioner is different from that of other accused. This petitioner is the main person who manufactured and supplied the fake currency notes to accused Nos. 1 to 3. The act of this petitioner affects the economy of the country. One printer, fake and genuine currency notes and other articles used for printing have been seized at the instance of this petitioner under mahazar. Charge sheet material shows prima facie case against this petitioner. With this he prayed to reject the petitioner.
6. Having heard the learned counsel for the petitioner and the learned HCGP for the respondent - State, this Court has gone through the charge sheet records. -6- CRL.P No. 104183 of 2022
7. Accused Nos. 1 to 3 were found in Sanman Lodge at Hubballi and they were found possessing counterfeit currency Notes. Voluntary statement of accused No. 1 came to be recorded wherein he has stated that the petitioner has supplied the counterfeit notes to them. Thereafter, this petitioner came to be arrested on 12.10.2022 and his voluntary statement came to be recorded. The petitioner took the Police and the panchas to his premises and shown the fake and genuine currency notes, printer and other articles used for printing which came to be seized under mahazar. Learned counsel for the petitioner would contend that the printer which is seized from the premises of this petitioner cannot be used for manufacturing the currency notes. Whether the said printer seized can be used for printing fake currency notes is a matter of trial. The offences alleged against the petitioner are not punishable with either death or imprisonment for life. As charge sheet is filed the petitioner is not required for custodial interrogation. Petitioner is in judicial custody since from 12.10.2022. The apprehension of the -7- CRL.P No. 104183 of 2022 prosecution is that if the petitioner is granted bail there are chances of he threatening the prosecution witnesses can be met with by imposing stringent conditions. In the facts and circumstances of the case and submission of the learned counsel for the parties, petitioner has made out grounds for grant of bail subject to terms and conditions. Hence, I proceed to pass the following;
ORDER Petition filed under Section 439 of Cr.P.C. is allowed. Petitioner - accused No. 4 is ordered to be released on bail in Crime No. 144/2022 of Sub-Urban Police station, Hubballi subject to the following conditions:
i. Petitioner - accused No. 4 shall execute a personal bond for a sum of Rs.1.00 lakh (Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. Petitioner - accused No. 4 shall not indulge in tampering the prosecution witnesses.
iii. Petitioner - accused No. 4 shall attend the Court on all the dates of hearing unless exempted by the -8- CRL.P No. 104183 of 2022 Court and cooperate for the speedy disposal of the case.
iv. Petitioner - accused No. 4 shall mark his attendance in the Police Station within whose jurisdiction he resides on every Sunday between 10.00 am and 02.00 pm till the conclusion of trial. v. Petitioner - accused No. 4 shall not involve in future in commission of any offence and if he is found involved, the trial Judge is at liberty to cancel the bail.
Sd/-
JUDGE LRS List No.: 19 Sl No.: 10