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2021 Supreme(AP) 337

ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Doolam Naga Sai Reddy Alias Sai - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 4461 of 2021
Decided On : 11-08-2021

Advocates Appeared:
Sasanka Bhuvanagiri, Advocate

The pursuit of education and upcoming exams can be considered as grounds for granting bail, even in the presence of a pending investigation and opposition from the prosecution.

Headnote:

Regular Bail - Possession of Fake Currency - The court granted bail to the petitioners based on the consideration of their pursuit of education and the upcoming exams, despite the pending investigation and opposition from the Assistant Public Prosecutor.

Fact of the Case:

The petitioners were seeking regular bail in connection with a case involving possession of fake currency. They were found in possession of fake currency notes and were involved in buying/selling counterfeit notes.

Finding of the Court:

The court granted bail to the petitioners based on the upcoming exams of the 2nd petitioner and the 4th semester of the petitioners, despite the pending investigation and opposition from the Assistant Public Prosecutor.

Issues: The main issue was whether the petitioners were entitled to bail considering the pending investigation and the opposition from the Assistant Public Prosecutor.

Ratio Decidendi: The court deemed it appropriate to grant bail to the petitioners based on the upcoming exams of the 2nd petitioner and the pursuit of education by the petitioners, despite the pending investigation and opposition from the Assistant Public Prosecutor.

Final Decision: The Criminal petition was allowed, and the petitioners were granted bail on certain conditions.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-2 and A-4 in connection with Crime No.503 of 2021 of Ibrahimpatnam Police Station, Krishna District for the offences punishable under Sections 489-B, 489-C r/w 34 of IPC.

2. The case of prosecution is that the petitioners along with other accused were in possession of fake currency and the petitioners are involved in buying / selling of fake currency. Petitioners were found in possession of fake currency notes worth Rs.19,000/- and Rs.3,000/- respectively. During the process of exchanging counterfeit notes, the police nabbed the petitioners.

3. Heard Sri Sasanka Bhuvanagiri, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioners submits that the petitioners have been falsely implicated in this case and that they are pursuing B-tech and they are students. They have no previous criminal antecedents. He further submits that the 2nd petitioner has to attend the 4th semester and II Mid exams commencing from 24.08.2021. Hence, their case may be considered for grant of bail.

5. Learned Assistant Public Prosecutor on the other hand submits that several accused are involved in this case and investigation is still pending and at this stage, petitioners are not entitled for bail. Hence, he opposed the bail.

6. Though the investigation is pending, as per submission of learned counsel for the petitioners that the petitioner's exams are commencing from 24.08.2021, this Court deems it appropriate to grant bail to the petitioners, however on certain conditions.

7. Accordingly, this Criminal petition is allowed. The petitioners/A-2 and A-4 shall be enlarged on bail in connection with Crime No.503 of 2021 of Ibrahimpatnam Police Station, Krishna District on their executing self bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the learned IV Additional Metropolitan Magistrate, Vijayawada City. On such release, the petitioners shall appear before the Station House Officer, Ibrahimpatnam Police Station, Vijayawada City, twice in a week between 06.00 PM and 08.00 PM.

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