RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.5 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail Hosapet Town Police Station Crime No.103/2022 registered for the offences punishable under Ss. 489B , 489C read with Sec. 34 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that on 20/8/2022 at about 5.15 p.m. the complainant Sri Nagaraja, Head Constable-498 was on patrolling duty, at that time he received the direction from the Police Sub- Inspector that the inmates in room No.104 of the Venkteshwar Lodge, Ranipete at Hosapete are circulating fake counterfeit currency notes in general public. Immediately after receipt of the direction from his senior officer, he visited the spot at about 5.30 p.m. and confirmed the information is genuine and the same is reported to the Police Inspector, Hosapete. He filed the complaint in that regard which came to be registered in Crime No.103/2022 of Hosapete Town Police station for the offences punishable under Ss. 489B , 489C read with Sec. 34 of IPC against one Kuberappa and another. It is further case of the prosecution that on 20/8/2022 at about 7.00 a.m., the Police Inspector of Town Police Station along with his staff, panchas and officials of SBI visited the spot and conducted raid in room No.104 of Venkteshwar Lodge, Ranipete at Hosapete and found inmate in the said room No.104 by name Kuberappa Talawar (accused No.1). On enquiry he revealed that other persons are there who stayed in room No.101 of the same lodge and they went outside to circulate the fake counterfeit notes. In the said raid the Police have seized 82 fake currency notes having face value of Rs.500.00 i.e., about 41,000/- rupees and one mobile phone and taken accused No.1 into custody. It is further case of the prosecution that on 21/8/2022 on receipt of the information that other accused have came to the lodge, they again went to the lodge and found accused Nos.2 to 5 and conducted raid and seized counterfeit notes from them under Mahazar and arrested them and they are in judicial custody. The Police after completing investigation filed the charge sheet against accused Nos.1 to 5 for the offences punishable under Ss. 489B and 489C read with Sec. 34 of IPC. Accused No.5 filed bail application in Criminal Miscellaneous No.5541/2022 and the same came to be rejected by the III Additional District and Sessions Judge, Ballari sitting at Hosapete by order dtd. 16/9/2022. Therefore, the petitioner/accused No.5 is before this Court seeking bail.

(3.) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- State.