IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.9229 OF 2017 BETWEEN:
1. Mohammed Aftab, S/o Mohammed Zikriya Aged about 20 years, Two Wheeler Mechanic, R/at Opposite to Venkateshwara Talkies, Chitradurga Town, Chitradurga District – 577501.
2. Mansoor Ali @ Mansoor, S/o Ummar Hayath, Aged about 26 years, Mason Work, R/at Razakiya Mohalla, Lambanihatti Road, Holalkere Town, Chitradurga District – 577501 ( By Shri. Iqbal Ahmed Khan, Adv.) AND:
State by Kote Police Chitradurga, Reptd. by its Public Prosecutor, High Court of Karnataka, Bangalaore – 566001.
(By Shri. K.Nageshwarappa, HCGP) …PETITIONERS .. RESPONDENT This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Crime No.165/2017 of Chitradurga Kote Police Station of Chitradurga District for the offence punishable under section 489(B) of IPC.
This petition coming on for orders this day, the court made the following;
ORDER This petition is filed by accused Nos.3 and 4 under Section 439 of the Cr.P.C, seeking their release on bail in Crime No.165/2017 registered by the respondent-police for the offence punishable under Section. 489(B) of the IPC.
2. The case of the prosecution is that the police inspector of Kote Police Station registered a suo motu case against accused No.1 alleging that on 11.10.2017 at about 8.00 a.m, he received a credible information that at APMC Market accused No.1 trying to exchange two thousand denomination notes and in exchange of one note of two thousand rupees, he is offering two notes of two thousand rupees denomination. Accordingly, he had been to APMC market and apprehended accused No.1. On the basis of the statement made by accused No.1, a case is registered against the accused persons.
3. Heard the arguments of the learned counsel for the petitioners and also the learned H.C.G.P, appearing for the respondent-State.
4. Learned counsel for the petitioners submitted that mere possession of currency notes is not sufficient to show the guilt of the accused, unless there is mens rea that they are fake currency notes. At this stage, there is no material that these petitioners are in possession of the alleged currency notes. He submitted that on the basis of the statement made by accused No.1, the present petitioners were implicated in the alleged offence. Hence he submitted that by imposing reasonable conditions, petitioners may be admitted to regular bail.
5. Per contra, the learned H.C.G.P opposed the bail petition on the ground that the investigation is still under progress.
6. Perused the grounds urged in the bail petition, FIR, complaint and other materials placed before the court.
Petitioners are in custody from the date of their arrest. There is nothing to be seized at the instance of these petitioners. Though serious allegations are made against these petitioners, the alleged offence is not exclusively punishable with death or imprisonment for life. Petitioners are ready to abide by any conditions which may be imposed by this court. Therefore, looking to the materials on record, I am of the opinion that, it is a fit case to exercise the discretion in favour of the petitioners.
7.Accordingly, the petition is allowed. Petitioners are directed to be released on bail, subject to the following conditions;
i) Each petitioner shall execute a personal bond for Rs.50,000/- with one surety each for the likesum to the satisfaction of the concerned court.
ii) They shall not tamper with the prosecution witnesses directly or indirectly.
iii) They shall appear before the concerned court regularly.
Sd/- JUDGE Msu