IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.91 OF 2015 c/w CRIMINAL APPEAL NO.1120 OF 2014 IN CRL.A. NO.91/2015 BETWEEN:

1. SHANKAR REDDY SON OF LATE NARASIMHA REDDY, AGED ABOUT 37 YEARS, R/AT GAYATHRI COMPLEX, BESIDE SHANIMAHATHMA TEMPLE, HEBBALA, BANGALORE-560024.

2. NAGARAJA SON OF KRISHNAM RAJU, AGED ABOUT 36 YEARS, R/AT NO.189, 6^TH CROSS, MEDAHALLI, SONNENAHALLI, K.R. PURAM, BANGALORE -560036.

...APPELLANTS (BY SRI. C. N. RAJU, ADV. FOR SRI. SUDHAKAR REDDY G. S., ADV.)

AND:

STATE BY J.J. NAGARA POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BANGALORE - 560001.

…RESPONDENT (BY KUM. ASMA KOUSER, ADDL SPP.)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE ADV., FOR THE APPELLANTS/ACCUSED NO.1 & 3 PRAYS TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED:05.12.2014 IN S.C.NO.575/2011, PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-IV, BANGALORE CONVICTING THE APPEALLANT FOR THE OFFENCE P/U/S 489(B), 489(C) R/W 34 OF INDIAN PENAL CODE.

IN CRL.A. NO.1120/2014 BETWEEN: JAGADISHA S/O VENKATAGIRIYAPPA AGED ABOUT 52 YEARS, R/A NO.2981, SHANTHA PRIYA LAYOUT, BEGUR MAIN ROAD, BANGALORE-56008.

...APPELLANT (BY SRI. GIREESHA J. T., ADV.)

AND:

STATE OF KARNATAKA BY JAGAJEEVANARAM P.S BANGALORE-560027.

REPRESENTED BY S.P.P HIGH COURT COMPLEX, BANGALORE-560001.

…RESPONDENT (BY KUM. ASMA KOUSER, ADDL SPP.)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE ADV., FOR THE APPELLANT/ACCUSED NO.2 PRAYING TO SET ASIDE THE ORDER DATED:5.12.14 PASSED BY THE P.O.,FTC-IV, BANGALORE IN S.C.NO.575/11 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 489(B) AND

489(C) R/W 34 OF IPC.

THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 19.11.2025 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

These appeals arise out of the judgment of conviction and order on sentence dated 05^th December, 2014 passed in SC No.565 of 2011 by the Fast Track Court-IV, Bengaluru City (for short "the trial Court").

2. The parties herein are referred to as per their rank and status before the trial Court.

3. Brief facts leading to this appeal are that the Sub-

Inspector of Police, Jagajeevanram Nagar Police Station, Bengaluru submitted the charge sheet against the accused for the offence punishable under Sections 489B and 489C read with Section 34 of Indian Penal Code. It is alleged by the prosecution that on 28^th January, 2011 at about 03.30 pm in front of Tea stall situate at Hosahalli Main Road, 11^th Cross, Padarayanapura, Bengaluru, in furtherance of their common intention, accused 1 to 3 trafficked and circulated counterfeit currency notes 111 in number of face value of ₹1,000/- each, knowing and having reason to believe the same are forged and counterfeited, and intended to use the same as genuine. Thus the accused committed offence punishable under Section 489B and 489C read with Section 34 of Indian Penal Code.

4. After filing charge-sheet, case was registered in CC No.13724 of 2011. Thereafter, case was registered in SC No.575 of 2011. Upon hearing on charges, the trial Court framed charges against the accused for the alleged commission of offences under Sections 489B and 489C read with Section 34 of Indian Penal Code. Same were read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried. In order to prove the guilt of the accused, in all, seven witnesses were examined as PWs1 to 7 and marked twelve documents as Exhibits P1 to P12 as well as seven material objects were marked as MOs.1 to 7. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure was recorded. Accused have totally denied the evidence of prosecution witnesses. However, they did not choose to lead any defence evidence on their behalf. Having heard the arguments on both sides,