IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7847 OF 2017 BETWEEN:
MANJUNATHA S/O. VENKATARAMANAPPA, AGED ABOUT 32 YEARS R/AT M JALAHALLI VILLAGE, HOSURU HOBLI, GOWRI BIDANURU TALUK, CHIKKABALLAPURA DISTRICT PERMANENTLY R/AT 1ST MAIN ROAD, CHUNCHANAKATTE MAIN ROAD, GANESH TEMPLE ROAD, KONANAKUNTE, BANGALORE 98. ... PETITIONER (By Sri: PRATHEEP K C, ADVOCATE) AND:
THE STATE OF KARNATAKA REP BY GANDASI POLICE STATION, HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 01 ... RESPONDENT (By Sri: K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.190/2017 OF GANDASI POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 489(B), 489(C) AND 420 OF IPC. THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN HAS REJECTED THE BAIL PETITION ON 20.09.2017 IN CRL.MISC.NO.1148/2017.
***** THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP. Learned HCGP has not filed any statement of objections opposing the petition. During the hearing, he has produced the copy of the charge-sheet filed in Cr.No.190/2017.
2. The petitioner is arrayed as accused No.3 in the said charge-sheet filed under sections 489B, 489C and 420 of Indian Penal Code. In column No.17 of the charge-sheet it is stated that, on 30.07.2017 at 5.30 p.m., accused No.2 gave two currency notes of Rs.100/- denomination for purchase of whisky from CW.1. Having come to know that the said currency notes were fake, the accused No.2 was caught and he was found to be in possession of other counterfeit currency notes. It is stated therein that the counterfeit currency notes were prepared and manufactured by accused No.1 and thereafter circulated by other accused.
3. There is no reference whatsoever with regard to the involvement of the present petitioner (accused No.3) in the preparation or manufacture of the counterfeit currency notes. However, it is mentioned in the charge-sheet that the counterfeit currency notes amounting to Rs.1,700/- were seized from the possession of the present petitioner. Except these allegations, there are no allegations attracting the offences under sections 489B, 489C and 420 of Indian Penal Code. As the investigation is completed, I do not find custody of the petitioner is required to be extended.
4. Hence, the following order:-
Criminal petition is allowed. The petitioner/accused No.3 Sri.Manjunatha is ordered to be enlarged on bail subject to the following conditions:-
a. The petitioner shall furnish a bond for Rs.1,00,000/- (Rupees One lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court;
b. The petitioner shall appear before the Court as and when required;
c. The petitioner shall not threaten or allure the prosecution witnesses; and d. The petitioner shall not get himself involved in similar offences in whatsoever manner.
Sd/- JUDGE Bss.