Mallikarjuna. R Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN COGNIZANCE AND

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HC-KAR

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NON BAILABLE OFFENCE IN CRIME No.134/2025 OF HALASURU GATE POLICE STATION.

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IN CRL.P No. 16671/2025

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BETWEEN:

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BASAVARAJU D S/O LATE DEVENDRA S AGED ABOUT 41 YEARS R/A NEELAGONDAHALLI MAJARE IRAKASANDRA COLONY KORATAGERE TALUK KOLAKA HOBLI, IRAKASANDRA TUMAKURU – 572 129.

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MUNISHAMAPPA S/O LATE OBALLAPPA AGED ABOUT 36 YEARS R/A D. B PURA T SHIVANAPURA POST SONNAPPANAHALLI BANGALORE RURAL – 561 203.

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...PETITIONERS

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(BY SRI ZULFI SULTANA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY HALASURU GATE P S REPRESENTED BY S P P HIGH COURT BUILDING BENGALURU – 560 001.

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...RESPONDENT

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(BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ENLARGE THE PETITIONER No.1 AND 2 ON ANTICIPATORY BAIL IN

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HC-KAR

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COGNIZABLE AND NON-BAILABLE OFFENCE IN CR.No.134/2025.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Criminal Petition No.17651/2025 is filed by accused No.6 and Criminal Petition No.16671/2025 is filed by accused Nos.4 and 5. Both petitions are filed under Section 482 of BNS praying grant of anticipatory bail in Crime No.134/2025 of Halasurgate Police Station registered for offences under Sections 178, 179 and 180 of BNS.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

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Learned counsel for the petitioner would contend that the allegation against petitioners is that they have been given Rs.2,000/- denomination currency notes to accused Nos.1 to 3 of the same series by altering the

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series number of the currency notes. Petitioners -accused Nos.4 and 5 have been arrested for similar offence in Crime No.214/2025 and they have been granted bail by the Sessions Court in Criminal Misc. No.9454/2025 by order dated 06.11.2025. The petitioners now apprehended their arrest in the present case and therefore they are seeking anticipatory bail. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are not having any criminal antecedents. The petitioners undertakes to appear before the Investigating Officer and abide by any conditions to be imposed by this Court. With this, she prayed to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that petitioners are getting Rs.2000/- denomination currency notes of altered series number from accused Nos.1 to 3 and they are getting it exchanged with the RBI through accused No.7. The petitioners have committed similar

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offence and there are other cases registered against each

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of them. The petitioners are required for custodial interrogation. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

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On perusal of the remand application dated 25.06.2025 of accused Nos.2 and 3, the allegation against petitioners -accused Nos.4 to 6 is that accused No.4 is Swamiji and accused Nos.5 and 6 are his assistants and they are getting the money from accused Nos.1 to 3 and making the rain of currency notes. Considering the said allegation, the petitioners were found possessing the said currency notes of Rs.2,000/- denomination in which the series numbers have been altered. The offences alleged against petitioners are not punishable either with death or imprisonment for life. Earlier petitioners were arrested in Crime No.214/2025 and they have been granted bail by Magistrate Court. The petitioners have undertaken to co-

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HC-KAR

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operate with the police in the investigation and abide by any conditions to be imposed by this Court. Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions.

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In the result, the following

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ORDER

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i) Petitions are allowed.

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ii) Petitioners –accused Nos.4 to 6 are ordered to

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be released on bail in the event of their arrest in Crime No.134/2025 of Halasurgate Police Station subject to following conditions:

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a) Petitioners –accused Nos.4 to 6 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for sum of Rs.1,00,000/each with one surety for the like sum to the satisfaction of Investigating Officer.

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b) Petitioners –accused Nos.4 to 6 shall appear before the Investigating Officer whenever called for and cooperate for investigation.

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c) Petitioners –accused Nos.4 to 6 shall appear before Investigating Officer on every Sunday between 10 a.m., to 2.p.m., for a period of 2 months or till filing of the final report whichever is earlier.

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d) Petitioners –accused Nos.4 to 6 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence.

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e) In case of filing the charge sheet, Petitioners –accused Nos.4 to 6 shall appear before the trial Court and cooperate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 39

Mallikarjuna. R v. the State of Karnataka

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Mallikarjuna. R v. the State of Karnataka

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