Anticipatory bail petition rejected for an accused charged with circulating fake currency notes who was found to be absconding. The court held that surrendering for regular bail is the appropriate remedy.
Anticipatory bail petition was rejected, and the petitioner was directed to surrender before the concerned court to seek regular bail.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 8131 OF 2022
BETWEEN:
SRI. SUNKA BHOVI AGED ABOUT 37 YEARS, S/O DODDA DURGA BHOVI R/AT BHOVI COLONY 6th CROSS VIDYANAGAR SHIMOGA
…PETITIONER
(BY SRI. INAYATH ULLA KHAN B., ADVOCATE)
AND:
STATE OF KARNATAKA BY CHANNAGIRI POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AMBEDKAR VEEDHI BANGALORE -560001
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P. IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.77/2019 OF CHANNAGIRI P.S., DAVANAGERE FOR THE OFFENCE P/U/S.489-B,489-C OF IPC PENDING ON THE FILE OF THE PRINCIPAL JUNIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI DAVANAGERE IN C.C.NO.559/2020.
2
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No 77/2019 of Channagiri Police Station, for the offence punishable under Sections 489B and 489C of IPC.
he raided the spot and apprehended accused Nos.1 and 2 from there and recovered fake notes. On interrogation they revealed that the fake note were given to them by the present petitioner and subsequently the petitioner was implicated in this case, as accused No.3.
3
completion of the investigation, the investigating officer has submitted the charge sheet showing the petitioner as absconded. The petitioner has approached the learned Sessions judge seeking anticipatory bail and learned Sessions judge has rejected the anticipatory bail petition filed by the present petitioner. Hence, the petitioner is before this Court.
currency notes face value of Rs.50 each and 23 currency notes face value of Rs.100 each were seized. The allegation further clearly discloses that both accused specifically asserted that they were supplying these fake notes by the present petitioner who was shown as accused No.3. He is
4
absconding all along and now he is seeking anticipatory bail.
petitioner that investigation is concluded and charge sheet has been laid down. But merely because the investigation is concluded and charge sheet is submitted, that itself does not entitle the petitioner to seek anticipatory bail.
5
petitioner being absconding all along does not deserve any leniency. The remedy is to surrender before the concerned Court and then seek for regular bail. Looking into these facts and circumstances, it is not a fit case to grant bail by exercising discretion in favour of petitioner. Hence, the petition being devoid of merits, does not survive for consideration and accordingly, the petition stands rejected.
Sd/JUDGE
PKN
2 issues framed by the court
Whether anticipatory bail should be granted to an absconding accused in a case involving fake currency notes.
Whether the conclusion of investigation and filing of charge sheet entitles the petitioner to anticipatory bail.
2 provisions across 1 enactments
Sri. Sunka Bhovi
State of Karnataka
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
