JATARAM S/O BURARAM Vs. STATE OF KARNATAKA THROUGH SAMPIGEHALLI P.S. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR STATE OF KARNATAKA BANGALORE

JUDGEMENT

(1.) THE petitioner said to be A -3 in Cr.No.153/12 seeks bail and the offences alleged against him and other accused are under sections 489B and 489C of the IPC. Learned counsel for the petitioner submits that, section 489C may get attracted even if it is taken that the petitioner was found in possession of certain currency notes said to be fake notes. It is his argument that offence u/s 489C is bailable one and no material is placed to show that the ingredients of section 489B is attracted to the case of the petitioner as it is not the case of the prosecution that the petitioner was found either selling or buying or trafficking any fake notes.

(2.) SUBMISSION of the learned counsel for the respondent -State is that, from the house of the 2nd petitioner some more fake notes have been recovered and therefore grant of bail is not warranted. Having thus heard both sides and taking note of the submission made by the petitioner's counsel in particular, possession of fake currency notes therefore may attract section 489C, but at this stage, there is no material to show that 489 -B also gets attracted. Considering all these factors, the petitioner can be released on bail. Hence, the following order is passed.