Bail petition dismissed under S.439 Cr.P.C. for offences under IPC 489A/489B/489C/34. Court noted prima facie case and directed Trial Court to conclude trial within eight months of charge framing.
Petition dismissed; Trial Court directed to dispose of S.C.No.550/2023 within eight months of framing charges.
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.
NC: 2023:KHC:39976 CRL.P No. 6348 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6348 OF 2023
BETWEEN:
…PETITIONERS
(BY SRI A.V. RAMAKRISHNA, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
STATE BY SUBRAMANYAPURA POLICE STATION, REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BULDING BENGALURU - 560 001.
…RESPONDENT
(BY SRI RAHUL K RAI, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.550/2023 (CR.NO.19/2023) OF SUBRAMANYAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 489(A),489(B),489(C) R/W 34 OF IPC NOW WHICH IS PENDING ON
NC: 2023:KHC:39976 CRL.P No. 6348 of 2023
THE FILE OF THE LX ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
2. Heard the learned Counsel for the parties.
from their custody, 1,250 notes of Rs.500/- denomination were seized. In addition to the same, a laptop, two colour printers and other articles which were used for the purpose of printing counterfeit notes, were also seized from the premises where accused nos.3 & 4 were apprehended. Thereafter, the apprehended accused and the seized articles which were subjected to panchanama were brought to the police station and the apprehended accused were produced before the jurisdictional court and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioners before the Trial Court in Crl. Misc. No.1917/2023 was dismissed on 09.03.2023. Therefore, they are before this Court.
charge sheet has been filed. Petitioners have no criminal antecedents. He submits that the petitioners are in custody from 23.01.2023 onwards. There is no likelihood of the trial being concluded in the near future. Accordingly, he prays to allow the petition.
counterfeit notes were supplied to him by accused nos.3 & 4 and at his instance, raid was conducted on the premises at Ananthapura, Andhra Pradesh and from the said premises, the police had apprehended accused nos.3 & 4 and from their possession, 1,250 counterfeit notes of Rs.500/- was seized. Further, from the premises where accused nos.3 & 4 were found along with the counterfeit notes, the laptop, colour printers and other machineries and articles used by accused nos.3 & 4 for the purpose of preparing and printing counterfeit notes was also seized. Therefore, as rightly contended by the learned HCGP, there is prima facie material at this stage as against the petitioners for the alleged offences. The alleged offences are punishable with life imprisonment. Accused nos.1 & 2 who have been arrested in the case are in judicial custody.
NC: 2023:KHC:39976 CRL.P No. 6348 of 2023
Sd/JUDGE
KK
3 issues framed by the court
Whether the petitioners invoking bail under S.439 Cr.P.C. ought to be enlarged given the prima facie case and serious nature of offences.
Whether the Trial Court should be directed to expedite the trial pending against the accused persons.
Whether the petition for bail in S.C.No.550/2023 should be allowed or dismissed.
2 provisions across 2 enactments
MUNNELA GOPINATH @ ARJUN S/O SUBBARAIDU
PULLALAVELU RAJA S/O NARAYANA
STATE BY SUBRAMANYAPURA POLICE STATION
S VISWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
