Karnataka High Court
Seema @ Shawar vs State Of Karnataka on 14 March, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.1605/2022
BETWEEN:
SEEMA @ SHAWAR
W/O SHAHAAN SHARIFF
AGED ABOUT 45 YEARS
R/A NO.89, 7TH MAIN, 2ND CROSS
SHAMANNA GARDEN, BAPUJINAGAR
BANGALORE-560026
... PETITIONER
(BY SRI MAYEENULLA ABBASI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY HALASURU GATE
POLICE STATION
BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001
... RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.7/2021 OF HALASURGATE POLICE STATION,
BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 255, 257, 256, 258, 259, 260, 420, 473 READ WITH
34 OF IPC AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.7/2021 of Halasurgate Police Station, Bengaluru for the offences punishable under Sections 255, 257, 256, 258, 259, 260, 420, 473 read with 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that based on the complaint that some of the unknown persons were using the office seal, issued the documents bearing Sl.No.1 to 9 of the office of CW1, Sl.No.1 to 8 of the office of CW4 and Sl.Nos.1 to 5 of the office of CW5. Those documents were created and fake stamp papers and contains fake seal and signatures for having denominations of Rs.50/-, 100/- and 200/-. Hence, caused loss to the State exchequer. This petitioner has been arraigned as accused No.2 from whom the fake stamp papers were also 3 seized and at the instance of this petitioner the stamp papers worth about Rs.27 lakh was recovered from the house of one Shabhaz and those documents are fake stamp papers used for transaction as a genuine document and hence, caused loss to the State exchequer and also committed fraud and those articles were seized under PF No.147/2021 to 150/2021, 263/2021 to 152/2021, 156/2021 to 161/2021 and 163/2021. Based on the complaint, the case was registered and after the completion of the investigation, charge-sheet has been filed for the aforesaid offences.
4. The learned counsel appearing for the petitioner would submit that this petitioner is a lady and she never indulged in such acts and the alleged recovery has to be proved during the course of trial. The counsel also submits that investigation has been completed and no need of further custodial trial and she may be enlarged on bail. The counsel would submit that in terms of the seizure mahazar, the seized stamp paper pertaining to this petitioner is only Rs.2,500/- from her house and the very allegation against this petitioner that at the instance of this petitioner, the fake stamp papers were 4 seized cannot be accepted and the same is also a matter of trial and prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader for the State would submit that this petitioner has been arraigned as accused No.2 and she being the typist in the typing pool of City Civil Court indulged in circulating the fake stamp papers and she is having connivance with accused No.1 and she used to supply the fake stamp papers and at the instance of this petitioner, the worth of more than Rs.27 lakh stamp papers were seized and PF also enclosed along with charge-sheet. Hence, there is a prima facie against the petitioner herein. The counsel would submit that creation of fake stamp papers amounts to causing loss to the State exchequer and total worth of Rs.65 lakh of fake stamp papers were being circulated and they were in the custody of this petitioner. Hence, there is a prima facie material against this petitioner and prayed to dismiss the petition.
6. Having heard the respective counsel appearing for the parties and also on perusal of the material on record, no doubt, at the first instance, the case has been registered alleging 5 that the stamp papers of different officers' signatures were used and those documents are fake documents and the same was used as a genuine document for registration and denominations of fake stamp papers were of Rs.50/-, 100/-, 200/-. Based on the statements of CW1, 3, 4, 5, investigation also conducted and seized the fake stamp papers at the instance of this petitioner and this petitioner only showed the house of one Shabhaz wherein also the fake stamp papers were seized. Having taken note of the seriousness of the offences, gravity of the offences and the offences are invoked under Sections 255, 257, 256, 258, 259, 260, 420, 473 read with 34 of IPC are punishable up to ten years and apart from that the allegation of fraud and printing of the papers and fake stamp papers affects the State exchequer. When such being the factual aspects of the case and the alleged offences are also against the society at large and not against the individual, the Court has to see the impact on the society. Hence, taking into note of the seriousness and gravity of the offences, it is not a fit case to exercise the discretion in favour of the petitioner. The very contention of the petitioner's counsel that investigation is completed, charge-sheet has been filed and no need of custodial trial cannot be accepted when the petitioner 6 indulged in the offence of creation of fake stamp papers and using the document as a genuine document to defraud the public is an offence against the society at large and affects the economy of the country. Hence, it is not a fit case to exercise the discretion in favour of the petitioner under Section 439 of Cr.P.C.
7. In view of the discussions made above, I pass the following:
ORDER The bail petition is rejected.
Sd/-
JUDGE SN