IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7692/2019 BETWEEN:
SRI CHETHAN GOWDA, S/O LATE HANUMANTHA GOWDA, AGED ABOUT 23 YEARS, RESIDENT OF NEAR PETROL BUNK, P.B.ROAD, DODDABATHI VILLAGE, DAVANGERE TALUK, DAVANGERE DISTRICT-577 001. … PETITIONER (BY SRI RAVI H.K. ADV.,) AND:
STATE BY KARKALA RURAL POLICE STATION, UDUPI TALUK & DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, KARNATAKA HIGH COURT BUILDING, BENGALURU-560 001. ... RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE , PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.80/2019 OF KARKALA RURAL POLICE STATION, UDUPI FOR THE OFFENCE P/U/S.489-B R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No. 80/2019 registered by the Karkala Rural Police Station.
3. Brief facts of the case on which Crime No.80/2019 for the offence under Section 489(B) read with Section 34 IPC was registered against the petitioner and another are that on 18.09.2019, petitioner went to the shop of the complainant by name Sudhir Shetty and handed over Rs.200/- counterfeit currency notes for the purpose of purchasing some cosmetics. Later complainant came to know that the said currency note is a fake currency note. On the said allegation, police have nabbed the petitioner and another accused.
4. It is seen from the records that accused No.2 has already approached the Principal District and Sessions Judge and released on bail on conditions. Accused No.1/petitioner herein stands on the same footing as that of accused No.2. Therefore, in my opinion, when the offence is not punishable either with death or imprisonment of life, petitioner is also entitled to be enlarged on bail on same conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in Crime No.80/2019 of Karkala Police Station for the offence under Section 489(B) read with Section 34 IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall appear before Station House Officer of Karkala Rural Police Station on every first Sunday of the month between 10.00 a.m. and 5.00 p.m. for a period of six months from the date of his release and co- operate for the investigation.
(iii) The petitioner shall not indulge in any similar offence during the pendency of the case.
(iv) The petitioner shall not tamper the prosecution witnesses directly or indirectly.
Sd/-
JUDGE PKS