I IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 20” DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRLP.NO.10597/201 1 Between: 1. Tippanna Kallappa Magnure. Age 26 years. 0cc.: Agriculture. R/o.Morab, Raibag Tq., Belgaum District. 2. Jeevappa Bhairappa Miraje. Age 25 years, 0cc.: Agriculture. R/o.Morab, Raibad Tq., Belgaum District. Petitioners (By Sri.J.Basavaraj. Advocate) And: The State of Karnataka. (Through Khade Bazar P.S.) Represented by its State Public Prosecutor. High Court of Karnataka. Circuit Bench, Dharwad. Respondent (Bc Sri.Anand K.Navalgimath. L-ICGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking to enlarge the petitioner on bail in C.C.No. 150/2011 (Crime No.185/20 10 of Khade Bazar Police Station. Belgaum) pending on the file of the JMFC Ill-Court, Belgaum. for the offences p/u/s. 489(A)(B)(C) of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard petitioners’ counsel Sri.J.Basavaraj and also the learned High Court Government Pleader for the respondent- State. 2. The petitioners seek bail following a case being registered in crime No.185/2010 by the Khade Ba.zar Police Station, Belgaum, for the offence punishable under Section 489(A)(B)(C) of the IPC and the complaint allegations in short are that, on 07.12.2010 the complainant received a telephone call from one lshwar Rao of Bata Company Showroom at Belgaum, stating that some persons have come to the shop and purchased chappals worth Rs.500/- and they gave fake currency notes and thereafter immediately police went to the sport and seized the currency notes which are fake from accused Nos. I and 2. Thereafter, the I ‘ accused led the police to the place where fake notes were being prepared, i.e., to the village Morab, where the said notes were being printed. The police have seized all the materials and also the accused persons were arrested and charge sheet is now submitted. 4. -3- 3. The learned counsel for the petitioner argued that the complainant found fake notes of Rs. 100/- denomination in the possession of accused No. I and he tried to use the same and not accused No.2, and accused No.2 having both genuine notes as well as few fake notes and therefore mere possession by ccused No.2 does not attract the offence under Section 489(B) of the IPC and, as such, the 2nd petitioner be released on bail. 4. The submission of the learned High Court Government Pleader for the respondent-State is that, both the accused have gone to the shop of lshwar Rao and gave fake currency notes towards purchase of chappals and he referred to the charge sheet material, and also having gone through the material placed at this juncture, it appears that the fake currency note were given by accused No.1 to the shopkeeper and not by accused No.2 and accused No.2 was in possession of both genuine notes as well as fake currency notes numbering five each and there is no indication in the complaint that A-2 had also used the fake notes to buy C) chappals from the shop.end,p the above circumstances, A-2 can he released on bail but not A 1. Hence, following order is passed: i) The hail application of A2 is allowed and the bail application of A-I is rejected. ii) A-2 Shall be released on bail on his executing a personal bond for Rs.50,000/- with t\\o sureties for the like sum to the satisfaction of the trial court. iii) He shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iv) He shall mark his attendance before the jurisdictional police station on ever Saturday between 10.00 a.m and 5.00 p.m. v) He shall not involve himself in the like offences in future. Sd/ JUDGE