Sohel @ Sohail S/o Murtujsab Inamdar v. State of Karnataka Through the SHO Muddebihal PS Rep. by the Addl. State Public Prosecutor
2020-02-12
H.B.PRABHAKARA SASTRY
body2020
DigiLaw.ai
ORDER : The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 in Crime No.139/2019 of Muddebihal Police Station, registered for the offences punishable under sections 489(A), 489(B), 489(C), 489(D) read with section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ‘IPC’). 2. The allegation against the present petitioner is that the said petitioner joined by another accused was passing on the fake currency notes of Rs.100/- denomination as though they are the genuine currency notes. According to the complainant, he is said to have caught red handed by a pan shop owner with whom the accused alleged to have attempted to transact with the said note. Accordingly, a complaint by the Police Sub-Inspector of respondent Police Station was filed against the accused for the offences punishable under sections 489(A), 489(B), 489(C), 489(D) read with section 34 of IPC. 3. Learned counsel for the petitioner submits that the co-accused has already been enlarged on bail and no further recovery is to be made at the instance of the petitioner/accused. 4. Though the learned High Court Government Pleader admits that the co-accused has been enlarged on bail, but still opposes and submits that considering the gravity of the offences, the accused/petitioner does not deserve to be enlarged on bail. 5. A perusal of the material placed before this Court, at this stage, go to show that it is at the alleged information of one Lale Mashak Malagaladinni, the Police Sub-Inspector of the respondent-police is said to have went to the shop of the said informant where the present accused with the another accused by name Suman, were said to have been made to sit by the shop owner. It is also alleged that the accused were found with possession of five fake currency notes of Rs.100/- in its denomination. The investigation in the matter is said to have been completed and even according to the prosecution, no further recovery is required to be made at the instance of the accused. Further, whether the alleged notes were fake notes and whether the accused had any knowledge about the same, are all the other aspects which are required to be considered during the trial.
Further, whether the alleged notes were fake notes and whether the accused had any knowledge about the same, are all the other aspects which are required to be considered during the trial. In the said circumstance, I am of the view that imposing reasonable conditions, the petitioner/ accused be enlarged on bail since the co-accused is already said to have been enlarged on bail. Accordingly, I proceed to pass the following: ORDER The Criminal Petition is allowed. The petitioner, namely Sohel @ Sohail S/o Murtujsab Inamdar be enlarged on bail in Crime No.139/2019 of Muddebihal Police Station for the offences punishable under sections 489(A), 489(B), 489(C), 489(D) read with section 34 of Indian Penal Code, subject to the following conditions that: (i) The accused/petitioner shall execute a personal bond for a sum of Rs.50,000/- with two local solvent sureties for the likesum to the satisfaction of the enlarging Court. (ii) The accused/petitioner to give in writing about the change in his address, if any, to the Trial Court as and when such change occurs and obtain acknowledgement in that regard. (iii) The accused/petitioner shall appear before the Court on all the dates of hearing. (iv) The accused/petitioner shall not hamper or tamper the prosecution witnesses and documents in any manner.