IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8323 OF 2018 BETWEEN:
Umashenkar P S/o Late P.Ashwath Nayak Aged about 42 years R/at No.1778 Raingage Badavane Pavagada Town, Pavagada Tumakuru District-561 202 ... Petitioner (By Sri Erappa Reddy M, Advocate) AND:
State of Karnataka By the Station House Officer RMC Yard Police Station Yeswanthpura Bengaluru – 560 022 ... Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.283/2018 of R.M.C.Yard Police Station, Bengaluru City, for the offence punishable under Sections 120B, 420 read with Section 34 of IPC and Section 7 of Bank Notes Cessation of Liabilities Act, 2017.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Petitioner is accused No.2 in Crime No.283/2018 of R.M.C.Yard Police Station, Bengaluru City.
2. It is alleged that on 13.10.2018 at 11.00am, on the basis of credible information of circulation of banned currency notes, complainant / the Police Inspector of R.M.C.Yard Police Station intercepted car No.KA-50/Z- 1830 near Halli Mane Hotel, Yeswanthpura. It is further alleged that accused No.1, driver of the car was apprehended and another person escaped. Interrogation of accused No.1, revealed that the escaped person was the petitioner.
3. According to prosecution, car in question was carrying 123 bundles of banned currency notes of denomination Rs.1,000/- and each bundle contained 100 such currency notes. It is further alleged that the said currency notes were seized under a mahazar.
4. The major offence is one under Section 420 of IPC, which carries imprisonment up to seven years. The petitioner is implicated in the case on the basis of the alleged voluntary statement of first accused. The incriminating material is already seized. As per C.D. records, it was the third accused, who entrusted the aforesaid currency notes to accused No.1. Under these circumstances, it is a fit case to grant anticipatory bail.
5. Therefore, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.283/2018 of R.M.C.Yard Police station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall mark his attendance before the Investigating Officer on every Sunday, till the completion of investigation.
(iv) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(v) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE KMV*