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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T.
Mohammed Gouse, S/o. Abdul Lateef – Appellant
Versus
State Of Karnataka, Through Gangavathi Town Police Station, Represented By State Public Prosecutor, High Court Of Karnataka, Dharwad Bench – Respondent
ORDER :
(VENKATESH NAIK T., J.)
Heard Sri.Roshan Saheb Chabbi., learned counsel for the petitioner and Smt.Kirtilata Patil, learned HCGP for respondent-State.
2. The petitioner-accused No.8 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crime No.94/2025 of Gangavati Town Police Station for the offences punishable under Sections 179 and 180 of Bharatiya Nyaya Sanhita, 2023.
3. Brief facts of the prosecution case is as under :
One Gangadhar Vereshappa lodged first information report (FIR) with the respondent-Police alleging that on 02.05.2025 at about 7:00 p.m. when he was at the cash counter of the bar and restaurant, accused Nos.1 and 2 came to the bar and took full bottle of Royal Stage whisky worth Rs.1,205-00. They tendered 3 notes of Rs.500 denomination totaling Rs.1,500/- and requested for change. On suspicion of the said notes, the complainant examined them with a currency verification machine and discovered that they were fake currency notes. Therefore, he informed the said aspect to the Manager and Assistant Manager and when they enquired with accused Nos.1 and 2 about fake notes they ran away from the spo
Mandatory procedures under criminal law must be followed; lack of adherence can critically impact the prosecution's case and entitle defendants to bail.
The court emphasized the necessity of following mandatory investigative procedures and determined that procedural violations justify granting bail under certain conditions, despite ongoing investigat....
The court denied bail based on the applicant's presence at the crime scene and the prosecution's evidence, emphasizing the seriousness of the charges under the BNS Act.
The main legal point established in the judgment is the inadmissibility of confessions made to police officers, the importance of independent witnesses, and the requirement of proving mens rea in cha....
Repeated bail applications require significant changes in circumstances; attempts to tamper with evidence justify denial of bail.
Accused granted bail as continued detention deemed unnecessary despite serious allegations against him.
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