Allowed

Vinod Bhandari v. the State by

Karnataka HC8 Mar 2021CRL.P/1655/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, a student accused of possessing fake currency notes. The court noted the ambiguity regarding allegations of circulation but allowed bail subject to bond conditions and appearance requirements.

What did the court decide?

Petitioner to be released on bail subject to personal bond of Rs. 1,00,000 with sureties and compliance with specific conditions of appearance and conduct.

Vinod Bhandari Vs the State by — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.1655 OF 2021

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BETWEEN:

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Vinod Bhandari, S/o Hanumanthappa, Aged about 19 years, Student, Studying in 1^st years B.Com., R/o Near Vegetable Market, Harihara Town, Davanagere District – 577 601. …Petitioner (By Sri S.G. Rajendra Reddy, Advocate) AND: The State by S.H.O. Harihara Town Police Station, Davanagere, Davangere District. Represented by S.P.P., High Court, Bengaluru – 560 001. …Respondent (By Sri K. Nageshwarappa, HCGP)

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This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.189/2020 of Harihara Town P.S., Davangere For the offences P/U/Ss. 489A, 489B, 489C, 489D and 489E of IPC.

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This petition coming on for Orders on this day, the Court made the following:

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ORDER

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This petition is filed by the sole accused under Section 439 of Cr.P.C., for grant of bail in Crime No.189/2020 registered by Harihara Town Police Station for the offences punishable under Sections 489A, 489B, 489C, 489D and 489E of IPC.

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The brief facts of the case are that, on the credible information received on 23.12.2020 by the complainant Devaraj Surve, CPC 47 of Harihara Town Police Station that the petitioner working in Reliance Petrol Bunk was making fake currency notes and was

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circulating the same, a complaint has been lodged. After registering the case, the Police Inspector of Harihara Police Station with his staff went to the vacant site opposite to Sri Jagadambha Home Industries, Sai Association, Vasavi Complex within the jurisdiction of Harihara Town Police and raided the spot in the presence of panchas surrounded the accused persons and seized 15 fake currency notes of Rs.100/- denomination from the accused and he was taken to custody, arrested by the police and remanded to judicial custody. He is in custody from 23.12.2020. The accused moved bail petition before the Sessions Judge, which came to be dismissed. Hence, the petitioner is before this Court.

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Learned counsel for the petitioner contended

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that the petitioner is innocent of the alleged offence,

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he has been falsely implicated by the police even though he was not found with the fake currency notes as per Section 489C of IPC, which is bailable in nature and punishable with seven years of imprisonment. Except this allegation, there are no allegations under Section 489A, 489B and 489D and 489E of IPC. The petitioner is a student studying in I year B.Com. and he is ready to abide by any conditions to be imposed by this Court. Hence, he prays for allowing the petition.

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Per contra, learned High Court Government Pleader objected the bail petition on the ground that when the petitioner was found with the fake currency notes and investigation is still pending, it cannot be presumed that the fake currency notes are not for circulation. Since the investigation is pending it

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cannot be considered that the offence is only under Section 489C of IPC. Hence, learned HCGP prays for dismissal of the petition.

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5. Upon considering the arguments and on perusal

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of the records, especially the complaint and the seizure panchanama, it goes to show that though the case was registered for the offences punishable under Sections 489A, 489B, 489C, 489D and 489E of IPC it was revealed by the seizure panchanama and the remand application that the petitioner was found in possession of 15 fake currency notes of Rs.100/denomination, there was no allegation that he was trying to circulate in the market. But the fake currency notes were found in his pocket when he was apprehended by the police. At this juncture the said allegations whether he was circulating the fake

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currency notes is not clear. However, by keeping the question of circulation of fake currency notes, which attracts only Section 489C of IPC, which is punishable with 7 years of imprisonment, by considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, if the petitioner is granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

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ORDER

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Accordingly, the petition is allowed .

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The Committal Court/trial Court is directed to release the petitioner/accused on bail in Crime No.189/2020 registered by the respondent Police Station, for the offences punishable under Sections

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489A, 489B, 489C, 489D and 489E of IPC, subject to the following conditions:-

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i) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/(Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the Committal Court/trial Court.

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ii) He shall not indulge in similar offences strictly

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iii) He shall not tamper with any of the prosecution witnesses directly or indirectly.

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iv) He appear before the Investigating Officer and mark his attendance on every Monday between 10.00 a.m. and 4.00 p.m. for a period of three months or till filing of the charge sheet whichever is later.

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v) He shall appear before the trial Court regularly for trial.

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SD/JUDGE

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Sbs*

Vinod Bhandari v. the State by

Case brief

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Vinod Bhandari v. the State by

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