IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 2563/2019 BETWEEN :
Sri. Mahadevaiah K.B. S/o. late Sri. Byrappa Aged about 67 years R/a. MJM Nilaya 4th Main, 2nd Cross Chandana Layout Sunkadakatte Bengaluru – 560 091. … PETITIONER (By Sri. S. Mohan, Adv.) AND :
State of Karnataka By Kamakshipalya Police Kamakshipalya Bengaluru – 560 086 Rep. by SPP High Court Building Bengaluru – 560 001. … RESPONDENT (By Sri. Honnappa, HCGP) ---
This Criminal Petition is filed under Section 438 Cr.P.C. with a prayer to enlarge the petitioner on bail in the event of his arrest in Cr.No. 329/2018 of Kamakshipalya Police Station and etc.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioner and perused the records.
2. Brief factual matrix of the case are that the respondent Police after thorough investigation laid a charge sheet against the accused persons for the offence punishable under Sections 489-A, B and C of IPC. This petitioner is arraigned as accused No.1. The allegations are that the accused No. 5 is the person who was the earlier custodian of fake currency notes (counterfeit currency notes) and he brought the same from somewhere else and he gave the said currency notes to accused No. 4 for the purpose of distribution and also for the purpose of spending. Likewise accused No. 4 has given some currency notes to accused No. 3 and in-turn accused No. 3 gave them to accused No. 2. Accused Nos. 2 and 3 knowing fully well that those notes are counterfeit currency notes have distributed the same as genuine notes among the public at large. In this context it is stated that accused No. 2 has given some currency notes to the extent of Rs.4,24,000/- to accused No. 1 having denomination of Rs.2,000/-. Out of them about Rs.78,000/- were counterfeit currency notes given to accused No. 1. Accused No. 1 wanted to deposit the said amount in the Bank and there he was caught and thereafter the entire case was investigated and charge sheet has been filed.
3. As rightly contended by learned counsel for petitioner accused No. 1 who received the currency notes from accused No. 2 went to the Bank for the purpose of depositing them without having any knowledge that those currency notes given by accused No. 2 also contained fake currency notes. Therefore, the knowledge of this particular person and also that he knowing fully well that the said notes are fake currency notes and he wanted to distribute the same or he wanted to spend that amount for the purpose of wrongful gain and thereby committing the above said offence has to be established during the course of full dressed trial. The other accused persons, in fact accused Nos. 3 and 4 who are the accused from whom the fake currency notes were recovered are already released on bail by the trial Court itself in crime No. 329/2018 on the file of V ACMM, Bengaluru under Section 167 of Cr.P.C. as charge sheet was not filed within time. Even otherwise by looking into the above facts and circumstances the culpability of accused No.
1 has to be established during the course of trial.
Hence, the following order;
4. The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No. 329/2018 of Kamakshipalya Police Station on the file of V ACMM Court, Bengaluru, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Twenty days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall not leave the jurisdiction of Bengaluru city without prior permission of the Investigating Officer, till the charge sheet is filed or for a period of three months whichever is earlier.
iv) The petitioner shall mark his attendance once in 15 days on Sunday between 10.00 a.m. and 05.00 p.m. for a period of 3 months or till the completion of investigation whichever is earlier.
v) The petitioner shall appear before the Investigating Officer as and when called for.
Sd/- JUDGE.
LRS.