Karnataka High Court
Sri G Ramesh vs State Of Karnataka on 30 August, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30th DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No.5910 OF 2017
BETWEEN:
SRI. G.RAMESH
S/O GANESH
AGED ABOUT 47 YEARS
RESIDING AT NO.2,
AREHALLI
BENGALURU - 560 061 ...PETITIONER
(BY SRI.LEELADHAR H.P., ADV.)
AND:
STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION
BENGALURU
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU - 560 001 ...RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.314/2017 OF MICO
LAYOUT P.S., BENGALURU FOR THE OFFENCES P/U/S 5, 7 OF
SPECIFIED BANK NOTES (CESSATION OF LIABILITIES ACT) AND
SEC.489(A)(B)(C), 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
2
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner apprehends arrest by the respondent police in their Crime No.314/2017 registered in respect of the offences punishable under Sections 5 and 7 of the Specified Bank Notes (Cessation of Liabilities) Act 2017 and Sections 498(A)(B)(C), 420 r/w 34 of IPC.
3. The allegation is, this petitioner had assured accused No.1 to exchange the demonetized currency notes. The Investigating Officer on the credible information arrived at a place situated opposite to BBMP playground near Ayyappa temple, Vijaya Bank Layout, Bengaluru City. There, he found an auto- rickshaw and a bike. On verification of the auto- rickshaw a bag full of demonetised currency notes were 3 found and five persons were standing near the auto- rickshaw and one of them i.e., the petitioner was escaped.
4. Learned counsel for the petitioner submits that the petitioner is innocent of the offence. The petitioner is neither the owner nor the driver of the auto-rickshaw, which was seized by the Investigating Officer. He is implicated on the basis of the voluntary statement of the arrested accused persons is not legal. If anticipatory bail is granted, petitioner will surrender before the Investigating Officer and co-operate for the investigation.
5. Having regard to the facts and circumstances of the case, the petition is allowed. Petitioner is granted anticipatory bail in their Crime No.314/2017 registered by the respondent police subject to the condition that he will surrender before the Investigating Officer for interrogation. In that event 4 the Investigating Officer is also at liberty to recover of the incriminating evidence if any at his instance under Section 27 of the Act.
In the event of his arrest by the respondent police, he shall be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum. He shall co-operate with the Investigating Officer for further investigation.
Sd/-
JUDGE KLY/