IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.5434/2019 BETWEEN 1. HANUMANTHAPPA S/O MYLAPPA, AGED ABOUT 50 YEARS, R/AT TARALABALU NAGARA, ARANE, KALLU, DAVANAGERE-577 213.
2. SHANTHA W/O HANUMANTHAPPA, AGED ABOUT 40 YEARS, R/AT TARALABALU NAGARA, ARANE KALLU, DAVANAGERE – 577 213. ... PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND STATE OF KARNATAKA, BY SHO, HARIHARA TOWN POLICE STATION. REPRESENTED BY:
STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME No.96/2019 OF HARIHARA TOWN P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 489(A)(B)(C)(D) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned Counsel for the petitioners and learned HCGP for the respondent State and perused the records.
2. Petitioners are arraigned as accused Nos.1 and 2 in C.C No.1294/2019 pending on the file of Additional Civil Judge (Jr. Dn.) and JMFC, Harihara, Davanagere (Crime No.96/2019) for the offences punishable under Sections 489(A) to 489(D) read with Section 34 of IPC.
3. The allegations are that petitioner Nos.1 and 2 are the husband and wife and they had taken colour xerox copies of Rs.2,000/-, Rs.500/-, Rs.200/- and Rs.100/- denomination currency notes in order to distribute and circulate amongst the public. In this context, it is alleged that on 19.6.2019 while accused Nos.1 and 2 were doing the business with C.W.1, they were given the currency notes of Rs.2000/- and Rs.500/- and thereafter, it is alleged that they have committed the offence punishable under Sections 489(A) to 489(D) read with section 34 of IPC.
4. Learned HCGP submitted that there are xerox copies of the original currency notes.
5. Under the above said circumstances, there are no allegations that the petitioners are the habitual offenders and involved in other cases. Charge sheet is filed. The alleged offence is not punishable either with death or imprisonment for life. It is the only case pending against the accused persons. Presently, they are in judicial custody. The sum of Rs.1,44,300/- is recovered from the accused persons. Therefore, in my opinion, the petitioners are entitled to be enlarged on bail with serious conditions as the distribution or circulation of currency notes have to be proved beyond reasonable doubt during the course of full fledged trial. Hence, the following order:
The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with C.C. No.1294/2019 on the file of Additional Civil Judge (Jr. Dn.) and JMFC, Harihara, Davanagere (arising out of crime No.96/2019 of Harihara Town Police Station) registered for the offence punishable under Sections 489(A) to 489(D) read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months.
Cs Ct-bmc Sd/- JUDGE