IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3239 OF 2019 BETWEEN:
1. SUBHANKAR MANDAL S/O NIL KAMAL MANDAL AGED ABOUT 19 YEARS R/AT JAYINPURA CHAYPADA VILLAGE MALDAR DISTRICT WEST BENGAL PIN NO.732125 2. AJAY KUMAR SA S/O APUL KUMAR SA AGED ABOUT 24 YEARS R/AT JAYINPURA CHAYPADA VILLAGE MALDAR DISTRICT WEST BENGAL PIN NO. 732125.
… PETITIONERS (BY SRI.K.LAKSHMIKANTH, ADVOCATE) AND:
THE STATE OF KARNATAKA BY GOWRIBINDANUR POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001 …RESPONDENT (BY SRI.K.P.YOGANNA, ADVOCATE) THIS CRL.P FILED U/S.439 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 CR.NO.159/2018 OF GOWRIBIDANUR CHIKKABALLAPURA FOR THE OFFENCE P/U/S.489 B AND C OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners, learned HCGP for respondent and perused the records.
2. Respondent –police have laid charge sheet against the accused persons, totally five in number, including the petitioners, who are arrayed as accused No.1 and 2 in S.C.No.71/2018 arising out of Crime No.159/2018 for the offences punishable under Sections 489B and 489C of IPC.
3. Brief facts of the case are that, on 5.7.2018 at about 1.30 p.m., within the jurisdiction of Gowribidanur town police station, near Gowribidanur bus stand, accused No.5 found with counterfeit notes with an intention to use the same as genuine currency notes. In this context, the police have recovered the said notes from all the accused persons, particularly accused Nos.
2 to 4 were found with such currency notes on their motorcycle.
4. In fact, accused No.5 has approached the Prl.
District and Sessions Judge, Chikkaballapura in Crl.Mis.Petition No.667/2018, wherein the trial Court having found that the offences are not punishable with imprisonment for more than seven years and with fine or both, and that they are non-bailable in nature, the Court has found that accused No.5 was enlarged on bail, though no proper reasons have been assigned by the trial Court.
5. On the basis of the materials on record and on the ground of parity, the petitioners are also entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.159/2018 of Gowribidanur Town Police Station for the offences under Sections 489B and 489C of IPC, subject to the following conditions:
ORDER (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rs. One lakh only) each, with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
Sd/- JUDGE ln.