Keerthi Kumar Patel & Others vs State Of Karnataka

K. Natarajan, J

Crl.P.No.1676/2021 is filed by petitioner/accused No.6, Crl.P.No.1653/2021 is filed by petitioner/accused No.7, Crl.P.No.1682/2021 is filed by

petitioner/accused No.8, Crl.P.No.2231/2021 is filed by petitioner/accused No.4 under Section 439 of Cr.P.C., for granting them bail in Crime

No.129/2020 registered by Wilson Garden Police for the offences punishable under Sections 489(A)(B)(C)(D)(E) of IPC and also filed the charge

sheet.

Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the

respondent-State.

The case of the prosecution is that one Manjunath who is a driver of an autorickshaw filed a complaint before the police alleging that accused No.1

boarded his autorickshaw from City Market to go to Shanthinagar on 25.12.2020 during midnight and when he alighted at Shanthinagar, accused No.1

said to have given one fake currency note of Rs.100/-. Suspecting the same, complainant took accused No.1 to the Police Station and lodged the

complaint. The said fake currency note was seized by the police from the possession of Accused No.1 and he was taken to custody. During the

course of investigation, accused No.1 revealed the name of accused No.2, who in turn stated to have given voluntary statement wherein he has

revealed the names of other accused persons, after the arrest of accused Nos.6 and 7, accused No.6 has revealed the name of accused No.8 and

accused No.8 has been arrested. Then the police recovered currency notes from the possession of these accused persons. Accordingly, accused Nos.

6 to 8 were arrested on 03.01.2021 and accused No.4 was arrested on 02.01.2021. The allegation against them is that accused No.4 was in

possession of 10 currency notes of denomination of Rs.100/- each, accused No.6 is in possession of 13 currency notes of denomination of Rs.100/-

each, accused No.7 is in possession of 8 currency notes of denomination of Rs.100/- each and accused No.8 is in possession of 15 currency notes of

denomination of Rs.100/- each. All the currency notes were seized by the Police before the Panchas under the Panchanama and they have been

remanded to judicial custody. These petitioners approached the Sessions Court for grant of bail which came to be rejected. Hence, they are before

this Court.

Learned counsel for the petitioners have contended that offences under Sections 489(A)(B) of IPC are not attracted against these petitioners and

all these petitioners are arrested and brought to the police station and they were found in possession of the said currency notes, which may attract the

provisions of Section 489C of IPC, which is only bailable offence and maximum punishment is seven years of imprisonment. These petitioners never

attempted to circulate the counterfeit currency notes and they are permanent residents of the said addresses. They are ready to abide by any of the

conditions that may be imposed by this Court. They are in custody since more than 3 months. Their presence may not be required for the purpose of

further investigation. The charge sheet is already filed. Hence, prayed for allowing these bail petitions.

Per contra, learned High Court Government Pleader seriously objected these bail petitions and contended that these petitioners are in possession of

the counterfeit currency notes only to circulate the same to the public. Therefore, it cannot be said that they are only in possession of currency notes.

Hence, prayed for dismissal of these bail petitions.

Upon hearing the arguments and on perusal of the records and also the learned counsel has produced the copy of the order passed by this Court in

Crl.P.No.1413/2021, wherein this Court has granted bail to accused No.10 vide order dated 16.03.2021, where he was in possession of some

counterfeit currency notes. This Court has held that possession of currency notes attracts the provisions of Section 489C of IPC, which is bailable in

nature and maximum punishment is seven years of imprisonment. Admittedly, all these petitioners were arrested by the police based upon the

voluntary statements of accused Nos.1 to 3 and based upon the voluntary statement of accused No.6, accused No.8 has been arrested. All the

accused persons were brought to the police station, they are said to be in possession of currency notes of denomination of Rs.100/-. Therefore, it

cannot be said that they are in circulation of the currency notes or involved in printing of currency notes to attract the provisions of Section 489(A) or

(B) of IPC. Admittedly, they are in possession of currency notes, which attracts the provisions of Section 489C of IPC. The co-accused person is

granted bail by this Court in Crl.P.No.1413/2021 dated 16.03.2021, who is alleged to have committed the similar offence said to have committed by

these petitioners. Therefore, they are also entitled for bail on the ground of parity. The investigation is already completed and the charge sheet has

been filed. Therefore, keeping these petitioners in jail will not serve any purpose except for trial. Therefore, all these petitioners are granted bail. By

imposing certain stringent conditions, if petitioners/accused Nos.4, 6, 7 and 8 are granted bail, no prejudice would be caused to the case of the

prosecution. Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court is directed to release petitioners/accused No.4, 6, 7 and 8 on bail in Crime No.129/2020 registered by Wilson Garden Police for the

offences punishable under Sections 489(A)(B)(C)(D)(E) of IPC, subject to the following conditions:-

i) Petitioners shall execute personal bond in a sum of Rs.5,00,000/- (Rupees Five lakhs only) each with two sureties for likesum to the

satisfaction of the Special Court;

ii) Petitioners shall not indulge in similar type of offences;

iii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;

iv) Petitioners shall not leave the jurisdiction of this Court without prior permission; and

v) All these petitioners shall mark their attendance before the police on every 2nd and 16th of calendar month between 10.00 a.m. and 4.00

p.m. for a period of three months or till commencement of trial, whichever is later.