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Tippu Anees @ Anees vs State of Karnataka

Karnataka High Court · Decided on 20 April 2011 · Citation: (2011) 04 KAR CK 0096

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 489 C
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1831 of 2011
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Judgment

8 paragraphs · 366 words

A.S. Pachhapure, J.—The facts reveal that on 09.11.2011, in the morning at about 8.30 a.m., the P.S.I. Ramamurthynagar police station received credible information about the distribution of fake notes and at 16.30 p.m., he had confirmation of the news of the distribution and he went with the other police officials near B. Channasandra railway bridge and saw four persons distributing the fakes notes by taking genuine notes. CW-6 and to have given genuine notes of Rs. 1,000/-and got Rs. 3,000/- fake notes. It is thereafter that the remaining police officials apprehended the Petitioner and the remaining three escaped. After search of the Petitioner, the fake notes of Rs. 70,000/- were found in his possession and the same was seized. During the course of investigation, the Petitioner was also arrested.

2.

It is the submission of the learned Counsel for the Petitioner that so far as the fake notes received by CW-6, there is no mahazar and no seizure and therefore, it is his submission that at the most the offence may fall u/s 489-C of I.P.C., which is a bailable offence.

3.

Taking into consideration the submissions made and the fact that no separate seizure mahazar of the fake notes from the possession of CW-6 was drawn, at this stage, it cannot be said that there is distribution of fake notes by the Petitioner. In that view of the matter, I am of the opinion that it is just and proper to grant bail to the- Petitioner.

4.

In the result, the petition is allowed and the Petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the likesum to the satisfaction of the JMFC/Sessions Judge, with the further following conditions:

(i) Petitioner shall not cause any threat or force or coercion or influence to any of the prosecution witnesses.

(ii) Ha shall mark his attendance before the Ramamurthynagar police station on every Sunday in between 10.00 and 11.00 a.m. until further orders.

(iii) He shall attend the Court as and when directed.

(iv) He shall be made available for interrogation by a police officer as and when he is required.