2023 Supreme(Online)(KAR) 16994
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.5532 OF 2023
BETWEEN
MR. SHIVASHANKRAPPA
S/O. LATE KARIYAPPA,
AGED ABOUT 71 YEARS,
R/AT KANIGANAHALLI VILLAGE,
HUDUKULA POST,
BENGALURU TALUK,
KOLAR - 563 114.
... PETITIONER
(BY SRI RAHUL S. REDDY, ADVOCATE)
AND
THE STATE BY HALUSURU GATE P. S.,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI S. VISHWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.1916/2022
(CR.NO.180/2022) OF HALASURGATE P.S., BENGALURU CITY
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 258,
259, 260, 465, 468, 473, 420 READ WITH SECTION 34 OF IPC
ON THE FILE OF THE LXII ADDL.CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 7.7.2023, THIS DAY, THE COURT
MADE THE FOLLOWING:
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This petition is filed by the petitioner/accused No.9
under Section 439 of Cr.P.C for granting bail in Crime
No.180/2022 registered by the Ulsoor gate police station,
Bengalore, now pending in S.C.No.1916/2022, on the file
of the LXII Additional City Civil and Sessions Judge at
Bengaluru, filed charge sheet for the offence punishable
under Sections 255, 258, 259, 260, 465, 468, 473, 420
read with 34 of IPC.
2.
Heard the arguments of learned counsel for the
petitioner and learned High Court Government Pleader for
the respondent-State.
3. The case of the prosecution is that on the suo-
motu complaint registered by the Ulsoor gate police on
19.7.2022 alleging that as per their information some fake
e-stamps were being sold in the Kandaya Bhavana
Bangalore. Hence they set up a D-kayath Customer, who
contacted one Karthik, accused No.2 for stamp paper then
he introduced to the accused No.1. Accordingly, the police
paid money for obtaining fake e-stamp papers by paying
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Rs.10,000/- as advance amount. On the same day, the
accused Nos.3 and 4 brought the stamp papers and the
police trapped them. The accused Nos.1 to 4 were
arrested on the voluntary statement and this petitioner was
also arrested on 01.08.2022. He was remanded to judicial
custody, where his earlier bail petition came to be rejected
in Crl.P.No.10486/2022 dated 5.12.2022, hence once again
he is before this court.
4. The learned counsel for petitioner has contended
that the petitioner is aged more than 71 years and only
one old stamp paper was recovered from him, on the
ground that it was sold by accused No.7 and it was
purchased in the name of one Pramila, the said Pramila is
not examined. Absolutely there is no material against this
petitioner for printing and circulating the e-stamp paper,
The petitioner is in custody for almost one year, hence
prayed for granting bail.
5. Per contra learned HCGP objected the petition and
contended that he is a habitual offender and one more case
is registered against him at Bangarpet police station. He is
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involved in the purchasing of bogus e-stamp paper.
Hence, prayed for dismissing the petition.
6. Having heard the arguments and on perused of
the records, which reveals, this petitioner name was
implicated on the voluntary statement of accused No.7 and
the said accused No.7 said to have purchased paper from
accused Nos.1 to 4 and sold to this petitioner and only one
paper was seized from him which was pertaining to 2009
i.e., in the name of one Pramila. The police have not
examined the said Pramila as a witness and it is not the
case, where this petitioner either created the fake stamp
paper or was selling it to the other persons, but he has
purchased a stamp paper from accused No.7 and the said
accused No.7 also having stall and he was the one who
purchased from the accused No.1. Though one more case
is pending against him the learned counsel for the
petitioner submitted that he is friend of the accused No.7
and acquainted with accused No.7, therefore, he has been
partially implicated in both cases. On considering the
same, the allegation is only that he has purchased the e-
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stamp paper from accused No.7 and implicated on
voluntary statement of accused No.7 now investigation is
completed, charge sheet is filed. The petitioner is in
custody for almost one year. Also, he is aged about more
than 71 years and now the case is committed to the court
of sessions and pending for trial. Therefore, considering
the facts and circumstances of the case, keeping this
petitioner in judicial custody will not serve any purpose.
The averments against this petitioner is lighter than the
allegation
against
other
accused
persons.
The
apprehension of the prosecution may be safeguarded by
imposing certain condition. Therefore, by imposing certain
stringent conditions, if bail is granted to the petitioner, no
prejudice would be caused to the case of the prosecution.
Accordingly, this criminal petition is allowed.
The trial court