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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF MARCH, 2021

BEFORE

THE HON9BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.1655 OF 2021

BETWEEN:

Vinod Bhandari,

S/o Hanumanthappa,

Aged about 19 years,

Student, Studying in 1^st years B.Com.,

R/o Near Vegetable Market,

Harihara Town,

Davanagere District 3 577 601.

&Petitioner

(By Sri S.G. Rajendra Reddy, Advocate)

AND:

The State by

S.H.O. Harihara Town Police Station,

Davanagere,

Davangere District.

Represented by S.P.P.,

High Court,

Bengaluru 3 560 001.

&Respondent

(By Sri K. Nageshwarappa, HCGP)

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This Criminal Petition is filed under Section 439

of Cr.P.C., praying to enlarge the petitioner on bail in

Cr.No.189/2020 of Harihara Town P.S., Davangere For

the offences P/U/Ss. 489A, 489B, 489C, 489D and

489E of IPC.

This petition coming on for Orders on this day,

the Court made the following:

ORDER

This petition is filed by the sole accused under

Section 439 of Cr.P.C., for grant of bail in Crime

No.189/2020 registered by Harihara Town Police

Station for the offences punishable under Sections

489A, 489B, 489C, 489D and 489E of IPC.

2.

The brief facts of the case are that, on the

credible information received on 23.12.2020 by the

complainant Devaraj Surve, CPC 47 of Harihara Town

Police Station that the petitioner working in Reliance

Petrol Bunk was making fake currency notes and was

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circulating the same, a complaint has been lodged.

After registering the case, the Police Inspector of

Harihara Police Station with his staff went to the

vacant site opposite to Sri Jagadambha Home

Industries, Sai Association, Vasavi Complex within the

jurisdiction of Harihara Town Police and raided the

spot in the presence of panchas surrounded the

accused persons and seized 15 fake currency notes of

Rs.100/- denomination from the accused and he was

taken to custody, arrested by the police and

remanded to judicial custody. He is in custody from

23.12.2020. The accused moved bail petition before

the Sessions Judge, which came to be dismissed.

Hence, the petitioner is before this Court.

3.

Learned counsel for the petitioner contended

that the petitioner is innocent of the alleged offence,

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he has been falsely implicated by the police even

though he was not found with the fake currency notes

as per Section 489C of IPC, which is bailable in nature

and punishable with seven years of imprisonment.

Except this allegation, there are no allegations under

Section 489A, 489B and 489D and 489E of IPC. The

petitioner is a student studying in I year B.Com. and

he is ready to abide by any conditions to be imposed

by this Court. Hence, he prays for allowing the

petition.

4.

Per contra, learned High Court Government

Pleader objected the bail petition on the ground that

when the petitioner was found with the fake currency

notes and investigation is still pending, it cannot be

presumed that the fake currency notes are not for

circulation. Since the investigation is pending it

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cannot be considered that the offence is only under

Section 489C of IPC. Hence, learned HCGP prays for

dismissal of the petition.

5.

Upon considering the arguments and on perusal

of the records, especially the complaint and the

seizure panchanama, it goes to show that though the

case was registered for the offences punishable under

Sections 489A, 489B, 489C, 489D and 489E of IPC it

was revealed by the seizure panchanama and the

remand application that the petitioner was found in

possession of 15 fake currency notes of Rs.100/-

denomination, there was no allegation that he was

trying to circulate in the market. But the fake

currency notes were found in his pocket when he was

apprehended by the police. At this juncture the said

allegations whether he was circulating the fake

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currency notes is not clear. However, by keeping the

question of circulation of fake currency notes, which

attracts