IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7595/2017 BETWEEN:
Aproz @ Basha, Aged about 42 years, S/o. Yakub Sab, Sheep Business, R/at: No.3, 4th Cross, Opp. Shafi Ahamed Bakery, Azaad Nagar, Gowribidanur, Chikkaballapura District.
Native of: Praz Colony, Beside Janatha Ice Factory, S.G. Palya Circle, Tumakuru City – 572 101.
... Petitioner (By Sri. Saravana for Sri. Satyanarayana S. Chalke, Advocates) AND:
State of Karnataka, Represented by the Station House Officer, Dobbespet Police Station, Nelamangala Circle, Bengaluru District – 562 123.
(By Sri. Chetan Desai, HCGP) ...Respondent This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.154/2017 of Dobbespet Police Station, Bengaluru, for the offence p/u/s 489 (B), 420 r/w 34 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 489(B), 420 r/w Section 34 of IPC, registered in respondent police station Crime No.154/2017.
2. The brief facts of the prosecution case as per the complaint averments is that the present petitioner is also involved in committing said offence along with other. Learned HCGP relied upon the statement alleged to have been given by the present petitioner, wherein he has stated that he has kept some of the fake currency notes in his house, if he is taken to the said place he will point and produce the said notes. It is also the submission of the learned HCGP, at the instance of the present petitioner there was a recovery of the fake currency notes in the presence of pancha witnesses. Therefore, presently there is prima-facie case and he is not entitled to be released on bail.
3. Learned counsel for the petitioner referring to the statement that similar set of allegations as against accused No.9 was also made and he submitted that even at his instance some fake currency notes were recovered. He submitted that both accused Nos.3 and 9 were similarly situated so far as the alleged fake currency notes are concerned. Learned counsel relied upon the order of this Court dated 03.10.2017 passed in Crl.P.6507/2017 in respect of accused No.9. I have perused the said order and this Court after considering the merits of the case allowed the petition filed by accused No.9 and granted him bail. Therefore, looking at the factual matrix of the case, even the present petitioner is similarly situated to that of accused No.9. He contended, he in innocent and not at all involved in committing the said offence and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court.
4. The alleged offence is not exclusively punishable with death or imprisonment for life.
5. Accordingly, the Criminal Petition is allowed.
The petitioner-accused No.3 is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE Sv/-