Allowed

Shri Saddam S/O Musa Yadahalli v. the State of Karnataka

Karnataka HC24 Oct 2024CRL.P/102849/2024

Case brief

AI extract

What is this about?

High Court of Karnataka allowed bail application filed under Section 439 Cr.P.C. by two petitioners accused of offences involving forgery and counterfeiting. The court granted bail citing parity with co-accused already granted bail, weighing evidence in favor of release subject to specific conditions.

What did the court decide?

Petition allowed; petitioners released on bail subject to personal bond of Rs. 50,000 each, one surety, cooperation with investigation, falsification prohibition, and court attendance.

Shri Saddam S/O Musa Yadahalli Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-D:14695 CRL.P No. 102849 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION No. 102849 OF 2024

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BETWEEN:

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SHRI SADDAM S/O MUSA YADAHALLI AGED ABOUT 24 YEARS, OCC: DRIVER WARD No.16, HYAGADI PLOT, AT: MAHALINGAPUR, TQ.MUDHOL DISTRICT BAGALKOT – 587 312

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SHRI RAVICHANDRA S/O CHANNAPPA HYAGADI AGED ABOUT 27 YEARS OCC: CAR MECHANIC No.467, WARD No.4 GADAD GALLI AT: MAHALINGAPUR, TQ: MUDHOL DISTRICT BAGALKOT- 587 312.

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…PETITIONERS

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI ASHOK R KALYANASHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (GOKAK RURAL P.S) BY IT’S STATE PUBLIC PROSECUTOR ADVOCATE GENERAL OFFICE HIGH COURT BENCH PREMISES DHARWAD – 580 001.

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…RESPONDENT

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(BY SMT. GIRIJA S HIREMATH, HCGP)

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2 - NC: 2024:KHC-D:14695 CRL.P No. 102849 of 2024

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023, (U/SEC. 439 OF Cr.P.C.) SEEKING TO ENLARGE THEM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN GOKAK, RURAL PS Cr.No.120/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 120(B), 489A, 489B AND 489C AND 420 OF IPC PENDING ON THE FILE BEFORE THE II ADDITIONAL CIVIL JUDGE AND JMFC, GOKAK AND ETC.,

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

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This petition is filed by the petitioners – accused Nos.2 and 3 under Section 439 of Cr.P.C seeking bail in Crime No.120/2024 of Gokak Rural Police Station registered for the offences punishable under Sections 120B, 489A, 489B, 489C and 420 of the Indian Penal Code, 1860 (for short hereinafter referred to as “IPC”).

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Heard learned counsel for the petitioners – accused Nos.2 and 3 and learned High Court Government Pleader for the respondent – State.

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3 - NC: 2024:KHC-D:14695 CRL.P No. 102849 of 2024

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Learned counsel for the petitioners – accused Nos.2 and 3 would contend that accused Nos.4 and 5 have been granted bail by this Court in Crl.P.No.102742/2024 by order dated 12.09.2024 and the petitioners – accused Nos.2 and 3 are also similarly placed to that of accused Nos.4 and 5 and therefore, they are entitled to grant of bail on the ground of parity. With this, he prayed to allow the petition and grant bail to the petitioners.

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Per contra , learned High Court Government Pleader for the respondent – State would contend that the offences alleged against the petitioners – accused Nos.2 and 3 are heinous offences and would affect the economy. Therefore, the petitioners are not entitled for grant of bail. On this ground, he prayed to dismiss the petition.

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The allegation against accused Nos.1 to 5 is that they were traveling in swift white car and when they were stopped by the police officials, found a black colour bag in the dicky and it contained fake currency notes of denominations of Rs.100/- and Rs.500/-. Considering the

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4 - NC: 2024:KHC-D:14695 CRL.P No. 102849 of 2024

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said aspect, the accusation against accused Nos.4 and 5 who have been granted bail by this Court and the accusation against these petitioners – accused Nos.2 and 3 are similar. Therefore, the petitioners – accused Nos.2 and 3 are also entitled for grant of bail on the ground of parity. In view of the above, the following;

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ORDER

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The petition is allowed . The petitioners – accused Nos.2 and 3 are ordered to be released on bail in Crime No.120/2024 of Gokak Rural Police Station registered for the offences punishable under Sections 120B, 489A, 489B, 489C

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and 420 of IPC, subject to the following conditions;

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(i) The petitioners – accused Nos.2 and 3 shall execute a personal bond in a sum of Rs.50,000/(Rupees fifty thousand only) each, with one surety for the likesum to the satisfaction of the jurisdictional Court.

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(ii) The petitioners – accused Nos.2 and 3 shall cooperate with the police in the investigation.

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NC: 2024:KHC-D:14695 CRL.P No. 102849 of 2024

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(iii) The petitioners – accused Nos.2 and 3 shall furnish their residential address proof and shall inform the Investigating Officer/Court, if there is any change in the address.

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(iv) The petitioners – accused Nos.2 and 3 shall not tamper with the prosecution witnesses either directly or indirectly.

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(v) The petitioners – accused Nos.2 and 3 shall not indulge in commission of similar offences.

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(vi) The petitioners – accused Nos.2 and 3 shall attend the jurisdictional Court on each date of hearing unless exempted.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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List No.: 19 Sl No.: 1

Shri Saddam S/O Musa Yadahalli v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Saddam S/O Musa Yadahalli v. the State of Karnataka

Case brief

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What did the court decide?

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