IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 2^ND DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRL.P.NO.101354/2021

C/W.CRL.P.NO.101584/2021

CRL.P NO.101354/2021

BETWEEN:

1 .

KIRAN S/O MADHUKAR DESAI

AGE 40 YEARS, OCC BUSINESS,

R/O KOKNAGAR, RATNAGIRI,

STATE MAHARASHTRA,

PIN CODE : 415612.

2 .

GIRISH S/O LINGAPPA POOJARI

AGE : 42 YEARS, OCC: GARAGE WORK,

R/O JAKADEVI, KHALGAON,

RATNANAGIRI,

STATE : MAHARASHTRA,

PIN CODE - 415612.

...PETITIONERS

(BY SRI. VASANT.G. HOLEYANNAVAR, ADV.)

AND:

THE STATE OF KARNATAKA

REPT. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD,

BY PSI DANDELI RURAL POLICE STATION,

DANDELI, PIN CODE : 581325.

…..RESPONDENT

(BY SRI.PRAVEEN K. UPPAR, HCGP)

2

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

PRAYING TO RELEASE OF THE PETITIONERS / ACCUSED NO.1 AND

2 ON BAIL IN DANDELI RURAL POLICE STATION CRIME

NO.34/2021 FOR OFFENCE PUNISHABLE UNDER SECTION 489(A),

489(B), 489(C), 489(D) R/W 149 OF IPC AND NOW THE FIR AND

COMPLAINT IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC

COURT, HALIYAL BY ALLOWING THIS APPLICATION.

CRL.P.NO.101584/2021

BETWEEN:

1 .

AMAR S/O. MOHAN NAIK URF TALAWAR

AGE:29 YEARS, OCC: BUSINESS (DRIVER)

R/O. JAMBOTI ROAD, VALMIKI GALLI

KARLE, BELAGAVI-590001.

2 .

SAGAR S/O. PUNDALIK KUNNURKAR

AGE 28 YEARS, OCC : TILES WORKER

R/O. CHAVAT GALLI BELGUNDI

DIST : BELGAVI-590001.

...PETITIONERS

(BY SRI. VASANT.G. HOLEYANNAVAR, ADV.)

AND:

THE STATE OF KARNATAKA

REPTD BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

DHARWAD BENCH DHARWAD

BY PSI DANDELI RURAL POLICE

STATION DANDELI-580011.

…..RESPONDENT

(BY SRI.PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

SEEKING TO RELEASE THE PETITIONERS/ACCUSED NO.11 AND 12

ON BAIL IN DANDELI RURAL POLICE STATION CRIME NO.34/2021

I.E., NOW IN CC NO.901/2021 FOR OFFENCE PUNISHABLE U/S

489(A), 489(B), 489(C), 489(D) R/W 34, 35, 37, 120(B), R/W 149

OF IPC AND NOW THE FIR AND COMPLAINT AND CHARGE SHEET

IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT,

HALIYAL BY ALLOWING THIS APPLICATION.

3

THESE CRIMINAL PETITIONS ARE COMING ON FOR

ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDER

Criminal Petition No.101354/2021 is filed by

accused Nos.5 and 6 (accused Nos.1 and 2 in FIR) and

Criminal Petition No.101584/2021 is filed by accused

Nos.11 and 12 (Accused Nos.4 and 5 in FIR). Both the

petitions have been filed under Section 439 of Cr.P.C.

seeking bail in Crime No.34/2021 of Dandeli Rural Police

Station registered for the offences under Section 489A,

489B, 489C and 489D r/w 149 of IPC. Since both the

petitions are arising out of the same crime, they are

taken up for final disposal by a common order.

2.

It is the case of the prosecution that, on

01.06.2021 at about 1.00 p.m., when the complainant

was in police station, has received information that

some unknown persons in a white shift car bearing

registration No.KA-36/N1100, transporting fake currency

4

notes through Barchi check-post road and he intimated

the said information to his higher officers and obtained

oral orders of the higher officer, secured his staff, Bank

Manager and Cashier and reached the spot. At about

2.00 p.m, a white colour car came from Dandeli side and

they stopped it. Three persons were there in the car and

they tried to run and they caught hold two persons out

of three and one person ran away and on enquiry, they

told the name of the person who ran away as Shabbir

Kutti (accused No.3 in the charge-sheet) and on search

there was one red colour bag found in the car containing

500 denominations of 100 currency notes of one bundle

and in all 27 bundles, out of which a bundle contains

original notes and remaining 18 bundles appears to be

fake currency notes and the Manager and Cashier of

ICICI Bank confirmed 09