IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3167/2019 Between:
Bharath Singh Purohit, (Shown in charge sheet as Balawanth Singh @ Bharath Singh), S/o Late Goverdhan Singh, Aged abut 45 years, R/at No.9, G.K.Lane, R.T.Street, Lakshman Rao Road, Bengaluru – 560 053. …Petitioner (By Sri. Hashmath Pasha, Senior Counsel for Sri. Syed Muzakkir Ahmed, Advocate) And:
State of Karnataka by:
Cottonpet Police Station, Bengaluru City – 560 053.
(Represented by Learned State Public Prosecutor, High Court of Karnataka, Bengaluru -560 001. …Respondent (By Sri. Nasrulla Khan, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in crime No.242/2011 (Spl.C.C.No.86/2014) of Cotton Pet Police Station., Bangalore for the offence punishable under Section 489(B)(C) of IPC and Section 17 of NDPS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed this petition seeking anticipatory bail in connection with Crime.No.242/2011 registered at Cottonpet Police station for the offences punishable under Sections 489(B) & 489(C) of IPC and under Section 17 of Narcotic Drugs and Psychotropic Substances Act, 1985, which is now pending on the file of XXXIII Additional City Civil Sessions Judge and Special Judge for (NDPS) cases, Bengaluru, in Spl.C.C.No.86/2014.
2. The petitioner has been arrayed as accused No.2. It is the case of the prosecution that on 29.09.2011, at about 1.30 p.m., accused No.1 had been to M/s. Udaya Petrol Bunk situated at Tank Bund Road, Bengaluru, to fill petrol and after filling petrol, he tendered `500/- currency note, which was suspected to be a counterfeit note. The employees of the petrol bunk informed the same to the police and in turn on receipt of the information, accused No.1 came to be arrested and from his personal search twenty counterfeit notes of `500/- denomination as well as 50 grams of opium came to be seized. It is the further case of the prosecution that the present petitioner is alleged to have supplied the counterfeit currency notes to accused No.1.
3. The learned counsel for the petitioner submits that the police have registered a case against the petitioner only on the statement of accused No.1. Even otherwise, accused No.1 has mentioned the name of one Balawanth Singh whereas the name of the petitioner is Bharath Singh. He submits that the charge sheet has been filed against accused Nos.2 to 5 who were absconding and accused No.1 was sent for trial and after conclusion of the trial, he was convicted for the charges framed against him. He further submits that a false case has been registered against the petitioner and the petitioner is ready and willing to abide by any reasonable conditions, which this Court deems fit to impose.
4. Per contra, learned High Court Government Pleader contends that the petitioner was absconding from the date of registration of the case and now proclamation has been issued. In view of the serious nature of the offence committed, the petitioner is not entitled for anticipatory bail. Accordingly, he seeks for dismissal of the petition.
5. It is not in dispute that the name of the petitioner came to be revealed on the information given by accused No.1. The allegation against the petitioner is that he supplied the counterfeit currency notes to accused No.1 which has to be established during the course of trial. Absconding charge sheet was filed against accused Nos.2 to 5. It is also noted that another accused Sagaram has been enlarged on bail in Clr.P.No.4368/2012 by this Court vide order dated 03.08.2012 wherein he has been arrayed as accused No.2.
6. Considering the aforesaid facts and circumstances of the case, I pass the following:-
ORDER Petition is allowed;
In the event of arrest of the petitioner in Crime No.242/2011 at Cottonpet police station registered for the offences punishable under Sections 489(B), 489(C) of IPC and under Section 17 of NDPS Act, now pending in Special Case No.86/2014 on the file of the XXXIII Additional City Civil Sessions Judge and Special Judge for N.D.P.S. cases, the petitioner shall be enlarged on bail subject to the following conditions.
1. The petitioner shall surrender before the jurisdictional Court on 03.06.2019 and shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court;
2. The petitioner shall co-operate with further investigation if any;
3. The petitioner shall not tamper with the prosecution witnesses or hamper the case of prosecution in any manner; and 4. The petitioner shall be regular in attending the Court proceedings on all dates of hearing.
Sd/- JUDGE DS