Allowed

Picchimuttu v. Stae by Siddapura Police

Karnataka HC18 Apr 2024CRL.P/505/2024

Case brief

AI extract

What is this about?

Regular bail petition by accused No.1 charged under Sections 489A, 489B, 489C, 511, 420 r/w 34 IPC for possession of counterfeit currency worth over Rs.1.24 crore. Noting completed investigation, no criminal antecedents, bail to co-accused, and delay in FIR registration, the High Court granted bail with conditions including a local surety.

What did the court decide?

Petitioner enlarged on bail in Crime No.308/2022 on Rs.2,00,000 personal bond with two sureties (one local), subject to conditions of regular attendance, no witness tampering and no similar offences.

Picchimuttu Vs Stae by Siddapura Police — Karnataka HC (2024) — LawSathi Research

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NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 505 OF 2024

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BETWEEN:

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PICCHIMUTTU, S/O PARAMA SHIVAM, AGED ABOUT 49 YEARS, R/AT NO. 2/147, THIRU COLONY, PARIVILL KOTTHOOTHUKUDI, TAMILNADU - 642 126.

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…PETITIONER

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(BY SRI. T. PRAKASH, ADVOCATE)

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AND:

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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STATE BY SIDDAPURA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. R. RANGASWAMY, HCGP)

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THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.308/2022 (C.C.NO.7989/2023) OF SIDDAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 489A, 489B, 489C, 511, 420 R/W 34

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2 - NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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OF IPC ON THE FILE OF THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-70) IN S.C.NO.688/2023.

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

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ORDER

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Accused No.1 in S.C.No.688/2023 pending before the Court of LXIX Addl. City Civil and Sessions Judge at Bengaluru, arising out of Crime No.308/2022 registered by Siddapura Police Station, Bengaluru, for the offences punishable under Sections 498-A, 498-B, 489-C, 420 and 511 read with Section 34 of IPC, is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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On the basis of first information dated 28.12.2022 lodged by Inspector of Police, CCB, Bengaluru, Siddapura Police have registered the FIR in Crime No.308/2022 for the aforesaid offences against Picchimuttu, Nalla Kani and others. In the complaint, it is averred that the complainant had received credible information that a person from Tamilnadu who had arrived in a Bus had got down at Lalbhag East Gate and he had

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NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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come to Bengaluru in furtherance of a conspiracy. Therefore, the complainant along with his staff had restrained the said person near Lalbhagh East Gate and on enquiry, he informed his name as Picchimuttu S/o Parama Shivam. When the bag which he was holding was checked, it was found that it contained Indian currency notes of Rs.2,000/- and Rs.500/denomination and said notes were counterfeit notes. At the time of raid, the Police recovered 6,203 notes of Rs.2,000/(6203x2000=1,24,06,000) and 174 notes of Rs.500/(174x500=87,000) from said Picchimuttu. The total amount of the said currency was Rs.1,24,93,000/-. The counterfeit notes were seized under a mahazar and thereafter, the complainant brought the accused-Picchimuttu and the seized counterfeit notes to the police station and lodged the complaint, which resulted in registering F.I.R in Crime No.308/2022 by Siddapura Police against Picchimuttu and others. Investigation in the case is complete and charge sheet has been filed. Bail application filed by the petitioner before the Court of 69th Addl. City Civil and Sessions Judge (CCH-70), Bengaluru, in Crl.Misc.No.10341/2023 was rejected on 08th December, 2023. Therefore, he is before this Court.

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NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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Learned counsel for the petitioner submits that petitioner has no criminal antecedents. He is in custody for more than 01 year 03 months. Investigation in the case is complete and charge sheet has been filed. He submits that petitioner was in possession of the counterfeit notes and therefore, Section 489-C gets attracted in the present case. He submits that though the petitioner was apprehended at 6.30 a.m., on 28.12.2022 itself, the seizure of the counterfeit notes under the mahazar was only at 5.00 p.m., on the said date and subsequently, F.I.R was registered at 5.15 p.m. Therefore, a doubt arises with regard to the allegations made as against the petitioner herein who has no criminal antecedents.

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Per contra, learned High Court Government Pleader opposes the petition. He submits that huge quantity of counterfeit notes amounting to Rs.1,24,06,000/- has been seized in the present case from the custody of the petitioner. The alleged offences effects the economy of the State. Petitioner hails from Tamilnadu and if he is enlarged on bail, it would be difficult to secure his presence. Accordingly, he prays to dismiss the petition.

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5 - NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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The material on record would go to show that on receipt of credible information, the first informant along with the staff, apprehended the petitioner herein near Lalbagh East Gate when he arrived from Tamilnadu in a bus. From his possession, counterfeit notes totally amounting to Rs.1,24,06,000/- was seized and thereafter, his voluntary statement was recorded. In the first information itself, it is stated that petitioner was apprehended at 6.30 a.m., on 28.12.2022. Seizure under the Mahazar is made only at 5.00 p.m., on the said date and subsequently, F.I.R has been registered in Crime No.308/2022 against the petitioner. There is a delay of nearly twelve hours in registering the F.I.R after the petitioner was apprehended by the Police. Undisputedly, the petitioner has no criminal antecedents. Accused Nos.3 and 4 have been granted bail by this Court in Criminal Petition No.5328/2023. The charge sheet material do not show the purpose for which the petitioner had carried the counterfeit notes along with him. The same is required to be established

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by the prosecution during full-fledged trial. Investigation is complete and charge sheet has been filed. Apprehension of the

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prosecution can be taken care of by imposing appropriate conditions.

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Accordingly, the following:

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ORDER

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Criminal petition is allowed . The petitioner-accused No.1 is directed to be enlarged on bail in Crime No.308/2022 (S.C.No.688/2023) of Siddapura Police Station, Bengaluru City, registered for the offences punishable under Sections 489A, 489B, 489C, 511, 420 read with Section 34 of IPC, subject to the following conditions:

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Petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Two Lakhs only) with two sureties for the likesum, out of which, one surety shall be a local surety, to the satisfaction of the jurisdictional Court;

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The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2024:KHC:15384 CRL.P No. 505 of 2024

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Petitioner shall not involve himself in similar case in

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future.

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Sd/JUDGE

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BNV List No.: 2 Sl No.: 13 CT: BHK

Picchimuttu v. Stae by Siddapura Police

Case brief

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Picchimuttu v. Stae by Siddapura Police

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