High Court of Karnataka rejected a bail petition regarding fake currency notes. The court held that the prima facie seizure is sufficient to proceed, and the RBI expert opinion is not required at the bail stage.
Bail petition rejected and order by the judge. Sd/- Rsh
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.5563/2021
BETWEEN:
MUNI SHEKAR M., S/O. MUNISWAMY, AGED ABOUT 29 YEARS, RESIDING AT NEMALURU, N.S.NAGAR, MADAR PAKKAM, KUMMADIPUDI TALUK, THIRUVALLUR DISTRICT, TAMIL NADU 601202.
…PETITIONER
(BY SRI. RAJESH A., ADV.)
AND:
STATE BY MICO POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001.
…RESPONDENT (BY SRI. VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIOENR PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN SC. NO.480/2021 IN CRIME NO.227/2020 OF MICO LAYOUT P.S. BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 489(B), 489(C) READ WITH SECTION 420 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE AT DHARWAD BENCH THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused in S.C. No.480/2021 on the file of the LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69) has approached this Court under Section 439 of Cr.P.C. seeking for grant of bail.
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seize certain photo copy sheets and immediately they secured the mahazar witnesses and seized the car as well as the counterfeit notes and drew a mahazar. Based on the report issued, Mico Layout Police registered a case in Crime No.227/2020. After thorough investigation, charge sheet came to be filed against the accused persons for the offences punishable under Sections 489(b) and 489(c) read with Section 420 of IPC. The accused persons did approach the Sessions Court for grant of bail and learned Sessions Judge by order dated 02.07.2021 rejected the bail application.
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ingredients to attract the offence under Section 489(b) of IPC is not established and the offence under Section 489(c) of IPC, is bailable and thus sought for grant of bail.
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of IPC stands not attracted in the case on hand and thus sought for grant of bail.
the same letter, the RBI has not given the opinion with regard to the seized 389 notes worth Rs.7,78,000/- which are admittedly coloured Xerox notes and the opinion in this regard is still pending and therefore no case is made out by the accused persons for grant of bail. He further contended that seizure of 389 coloured xerox notes and also the blank papers of the seized Rs.2,000/- and Rs.500/- notes clearly establishes the offences punishable under Sections 489(b) and 489(c) of IPC. He also contended that circulation of the fake currency is a menace and it would have adverse affect on the society and therefore the Courts are required to form stringent opinion in this regard while accepting the case for grant of bail and thus sought for dismissal of the petition.
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the sole point that would arise for consideration is:
“Whether the accused petitioner has made out a case for grant of bail?”
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result in wrongly loss to the gullible persons who get into possession of the fake currency notes.
ORDER
Bail petition is hereby rejected.
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JUDGE
Rsh
2 issues framed by the court
Whether the accused petitioner has made out a case for the grant of bail.
Whether the material available at the bail stage is sufficient to attract Section 489(b) IPC without holding a mini trial.
2 provisions across 2 enactments
Muni Shekar M.
State
V. Shashikantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
