Mohammed Ca Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

Mohammed Ca Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.1 enlarged on bail in Crime No.84/2024 subject to conditions: personal bond of Rs.1,00,000/- with two solvent sureties (one local) to the satisfaction of the jurisdictional Court; proof of residential address; no direct or indirect tampering with prosecution witnesses; no commission of any offence; regular appearance before trial Court on all dates of hearing; violation to result in cancellation of bail.

Issue for consideration

Whether the petitioner/accused No.1, arrested in Crime No.84/2024 of Bantwala Town Police Station, should be enlarged on bail.

Court's answer

Petition allowed: petitioner/accused No.1 in Crime No.84/2024 of Bantwal Town Police Station, Dakshina Kannada, is to be enlarged on bail, subject to conditions.

Ratio / Principle

Grounds relied on for grant of bail: no criminal antecedents against the petitioner brought to the notice of the Court; investigation completed and chargesheet filed; bail already extended to accused Nos.2 and 3; petitioner a permanent resident who undertakes to furnish solvent local surety and attend trial Court on all hearing dates.

Key takeaways

Release made conditional: execution of a personal bond of Rs.1,00,000/- with two solvent sureties (one local), furnishing proof of residential address with updates on change, abstention from tampering with prosecution witnesses directly or indirectly, abstention from committing any offence, and regular appearance before the trial Court on all hearing dates; violation of conditions entails cancellation of bail.ratio¶Order-II-1

Detailed headnote1 paragraphs

Karnataka HC (Mohammad Nawaz, J.) allows regular bail under S. 439 CrPC (filed u/s 483 BNSS) for accused No.1 in Crime No.84/2024, Bantwal PS (Ss. 489B, 489C r/w 34 IPC — counterfeit Rs.500 currency notes; 26 notes on person, 460 recovered from his house). Grounds: no criminal antecedents, investigation completed and chargesheet filed, co-accused Nos.2 and 3 already bailed (Crl.P.Nos.2488/2025 and 5279/2025), permanent resident offering local surety. Conditions: Rs.1,00,000/- bond with two solvent sureties (one local), address proof, no witness tampering, no offences, regular court appearance.

NC: 2025:KHC:35808 CRL.P No. 11943 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11943 OF 2025

BETWEEN:

MOHAMMED CA S/O. ABDUL RAHIMAN AGED ABOUT 61 YEARS, R/AT: MISHAL MANZIL, NEAR OLD JUMMA MASJID, CHURI, RAMDAS NAGAR, MADHUR, KUDLU VILLAGE, KASARGOD TALUK, KERALA-671 254. …PETITIONER (BY SRI. LETHIF B., ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY BANTWAL POLICE STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001.

…RESPONDENT

(BY MS. ASMA KOUSER, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HER ON BAIL IN CRIME NO.84/204 (C.C.NO.1111/2024) OF BANTWAL POLICE STATION, D.K. DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 489(B), 489(C) R/W 34 OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, BANTWAL, D.K., MANGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner/accused No.1, arrested in connection with a case registered in 84/2024 of Bantwala Town Police Station, Dakshina Kannada, has preferred this petition praying to enlarge him on bail.

Crime is registered on a complaint lodged by

the PSI (L & O), Bantwala Town Police Station, against accused Nos.1 to 3 for the offence punishable under Section 489B, 489C r/w 34 of IPC.

Gist of the complaint is that, first informant and

his staff while on patrolling duty on 10.5.2024, at about 22.15 hours, noticed three persons, two men and a woman, moving suspiciously in a car bearing registration No.KA-14-T-177 in and around B.C. Road and Kaikamba.

They found the car parked near Somayaji Hospital,

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B.C.Road, Bantwal Taluk, at 22.30 hours. On seeing the police, the persons in the car started running and one of them escaped. The other two were apprehended. It is alleged, they were in possession of counterfeit currency notes.

It is alleged that accused No.1 was in possession of 26 counterfeit currency notes and accused No.2 was in possession of 20 counterfeit notes, of Rs.500/- denomination. The said counterfeit currency notes and genuine notes found with him were seized under a panchnama. It is the further case of prosecution that the accused led the police to the house of accused No.1, wherein 460 counterfeit currency notes of Rs.500/denomination was recovered. Further, accused No.3 was also apprehended and from him 54 counterfeit currency notes of Rs.500/- denomination was recovered.

Petitioner was arrested on 11.5.2024. He is in judicial custody since then. Accused No.2 has been granted bail by this Court in Crl.P.No.2488/2025 vide

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order dated 19.3.2025 and accused No.3 in Crl.P.No.5279/2025 vide order dated 20.5.2025. No criminal antecedents against the petitioner has been brought to the notice of the Court. Investigation is completed and chargesheet is filed. Petitioner is said to be a permanent resident of the address shown in the cause title. He has undertaken to offer solvent local surety and to appear before the trial Court on every date of hearing. Hence, by imposing conditions, the relief sought in the petition can be granted. Accordingly, the following:

ORDER

I. Petition is allowed.

II. Petitioner/accused No.1 in Crime No.84/2024 of Bantwal Town Police Station, Dakshina Kannada, shall be enlarged on bail, subject to following conditions:

He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties, out of

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which, one shall be a local surety, to the satisfaction of the jurisdictional Court.

He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

He shall not directly or indirectly tamper with the prosecution witnesses.

He shall not indulge himself in committing any offence.

He shall appear before the trial Court regularly on all dates of hearing.

Violation of condition/s shall result in cancellation of

bail.

Sd/(MOHAMMAD NAWAZ) JUDGE

TL

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