IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9986/2017 BETWEEN:
SADDAM HUSSAIN AGED ABOUT 20 YEARS, S/O ABDUL SHEIK, R/A CHORI ANANTHAPURA, KAVATH VILLAGE, DOHISAATHOBAGI POST, KALICHAK P.S. MALDA, WEST BENGAL-732201 . ..PETITIONER (BY SRI CHANDRAHASA RAI B., ADVOCATE) AND:
THE STATE OF KARNATAKA BY HIGH GROUNDS POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 ...RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.192/2011 (S.C.NO.1306/2012) OF HIGH ROUNDS POLICE STATION, BANGALORE CITY FOR THE OFFENCES P/U/S 489B, 489C, 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and learned HCGP for respondent.
2. Case is registered against the petitioner in Cr.No.192/2011 for the offences punishable under Sections 489B, 489C, 420 read with Section 34 of IPC.
3. In order to avoid wastage of judicial time the substance of the complaint is extracted from the order dated 12.07.2017 in S.C.No.1306/2012 passed by the learned LI Addl. City Civil and Sessions Judge, Bengaluru, which reads as under:
“On 16.10.2011, at about 1.00 p.m. in the afternoon, at Parking-Area of Bengaluru Turf Club, the Highgrounds police having received the credible- information raided there-at and caught- hold the accused No.1 who was holding a bag containing counterfeit-notes of Indian-currency with the value of Rs.1,000/- and Rs.500/- each, and he was selling the same for half of the original-value and at that time the another-accused i.e., accused No.3 escaped there-from from the spot of incident. The police seized the said counterfeit-notes from the custody of the accused No.1, under a detailed- mahazar and the said counterfeit-notes being printed at Pakistan and Bangladesh, were illegally transported to India and tried to un-stabilize the Indian-economy and also cheat the public in Indian-territory and thereby, the instant-accused No.3/petitioner with the other-accused-persons committed the offences punishable U/Secs.489(B), 489(C) & 420 r/w Section 34 of IPC.”
4. It is not the case of seeking bail for the first time, petitioner was said to be on bail for the offences punishable under Section 489B, 420 read with Section 34 of IPC and he remained absent till he was remanded to custody. Thus petitioner having availed the benefit of bail, jumped bail conditions and against that order in respect of said case seeks relief of bail. Learned HCGP would oppose the grant of bail. Petitioner is in custody since 28.03.2017. The circumstances of the case would suggest that the petitioner was under the benefit of bail.
5. However in the present circumstances, he may be released subject to payment of penalty of `25,000/- on his previous bail bond and other conditions.
6. The criminal petition is allowed. The petitioner- accused is enlarged on bail in Cr.No.192/2011 (S.C.No.1306/2012) registered by Highgrounds Police Station, Bengaluru, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for a sum of `1,00,000/- with a solvent surety for the likesum.
ii) The petitioner shall pay `25,000/- by way of penalty on the previous bail bond which is cancelled.
iii) The petitioner shall not terrorize the witnesses or tamper with the prosecution evidence.
iv)The petitioner shall not leave territory of the trial court without prior permission till the completion of the trial.
v) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on first Saturday of each month till the disposal of the case.
Sd/- JUDGE SBN