Sudhir Poojary vs State Of Karnataka

K. N. Phaneendra, J

In view of the urgency pleaded, keeping pending the compliance of office objections, this case is taken up for disposal. Therefore, the learned

counsel for the petitioner is directed to comply the office objections , immediately after lockdown period pertaining to COVID-19 is over .

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. Perused the records.

The petitioner is arraigned as Accused No.2 in Crime No.41//2020 of respondent-Bajpe Police Station, for the offence punishable under Sections

420 and 489(B) read with 34 of IPC.

The allegations against the petitioner in brief are that, on 23.02.2020 at 8.30 p.m., when the complainant was in his petty shop, situated at Suralpady

Badagulipady Village, Mangalurur Taluk, the accused persons went to his shop and amongst them, one person purchased the Gillette Blade worth

Rs.20/- and towards payment, he has given a currency note of Rs.200/-, which was found to be a fake currency note. Later, on that allegation, a

complaint came to be lodged.

Learned HCGP submits that, after thorough investigation, the charge sheet has been filed. On enquiry, the learned HCGP submits that, apart from

this, no such other cases are initiated against this petitioner and this is the first case.

In the above facts and circumstances, I am of the opinion that, the allegations made against the petitioner has to be proved beyond reasonable doubt

during the course of trial. The offence alleged against the petitioner is also not compulsorily punishable with the imprisonment for life. The petitioner

has already been arrested and interrogated, and presently he is in judicial custody and the charge sheet has already been filed. Therefore, the

petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following,-

ORDER

The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in connection with Crime No.41/2020 of Respondent-Bajpe

Police Station, D.K., Mangaluru District, for the aforesaid offences, now pending before the court of I Additional District and Sessions Judge at

Mangaluru, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not tamper the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine reason or

cause.

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.

The concerned Jail Authorities are directed to release the petitioner/accused after thorough medical examination by virtue of COVID-19.