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2025 DAILYLAW 10902 (KAR)

ROHIT v. THE STATE OF KARNATAKA

CRL.P/200823/2025 · 2025-06-02

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200823/2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ROHIT S/O DAYANAND PAWAR, AGE: 20 YEARS, OCC: STUDENT, R/O. SINDHOL THANDA, TQ. & DIST. BIDAR - 585401. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ POLICE STATION, BIDAR SUB-DIVISION CIRCLE, DIST.BIDAR – 585401, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SMT. ARATI PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS-2023, PRAYING TO ALLOW THE PETITION, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 THEREBY ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.59/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 178, 179, 180, 181, 318(4), 3(5) OF BNSS-2023 AS PER FIR REGISTERED BY GANDHI GUNJ POLICE STATION, DISTRICT BIDAR, NOW PENDING ON THE FILE OF PRL. 2ND JMFC COURT, BIDAR, DISTRICT BIDAR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard learned counsel Sri Sanjay A. Patil for the petitioner and learned High Court Government Pleader for the respondent - State. 2. Petition is under Section 483 of BNSS with a prayer to enlarge the petitioner/accused No.1 on bail in Crime No.59/2025 registered for the offences punishable under Sections 178, 179, 180, 181 318(4), 3(5) of BNS- 2023 registered by Gandhi Gunj Police Station, Bidar District, now pending on the file of the Principal II JMFC Court, Bidar, District: Bidar. - 3 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 3. Upon complaint lodged by the head of the raid party, who is a Police Officer by name Anand Rao, Gandhi Gunj Police station, Bidar District, a case in Crime No.59/2025 had been registered on 11.04.2025 for the aforesaid offences. 4. The gist of the complaint averments would reveal that on 11.04.2025 head of the raid party received a credible information that somebody is in the process of circulating the fake currency and therefore, he formed a raid team compromising of himself and hi sub-staff and secured two independent panch witnesses and based on the credible information they intercepted the suspected persons and on enquiry and body search, were able to recover good number of fake currency notes of Rs.500/-, Rs.200/- and Rs.100/- denominations and seized the same under a panchnama and took such persons to the custody and handed over to the Station House Officer of the Gandhi Gunj Police station along with the seized fake currency. - 4 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 5. The Station House Officer registered the case and thereafter sent the petitioner and other accused persons to the judicial custody. 6. The respondent-Police are investigating the matter and charge-sheet is yet to be filed. In the meantime, petitioner approached the District Court for grant of bail, which was rejected; hence, the petitioner is before this Court. 7. Sri Sanjay A. Patil, learned counsel for the petitioner would contend that from the custody of the petitioner there are no fake currency notes were seized. Therefore, petitioner is to be termed as innocent person and having regard to the fact that the petitioner is in custody from 11.04.2025, continuation of the petitioner in judicial custody is no longer warranted and thus sought for grant of bail. 8. Per contra, learned High Court Government Pleader for the respondent-State opposes the grant the bail by contending that circulation of the fake currency notes not - 5 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 only results in pecuniary loss to the State, but also results in many people being deceived by such circulation and economy of the Country is at stayed and such persons shall not be shown any mercy, that too when the investigation has reached a crucial stage. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that based on the credible information, head of the raid party, who is totally stranger to the petitioner formed the raid team and was able to apprehend the petitioner along with other accused persons and recovered fake currency notes from the custody of all the accused persons. 10. In a matter of this nature, the seized counterfeit currency is to be treated as a whole and no individual over- tact would be taken into consideration even for the purpose of consideration of the bail request. 11. Taking note of the fact that investigation is at crucial stage as is contended by the learned High Court - 6 - HC-KAR NC: 2025:KHC-K:2783 CRL.P No. 200823 of 2025 Government Pleader and also taking note of the fact that Police are trying to find out who are other persons responsible for such circulation of the fake currency, this Court is of the considered opinion that, atleast at this petitioner has not made out any case whatsoever for grant of bail for resulting to special powers vested in this Court under Section 483 of BNSS. 12. Further, it is always open for the petitioner to revenue his request for grant of bail by way of successive bail application, if there is a positive changed circumstances in the case of the petitioner. 13. In view of the above, the following: ORDER Petition is dismissed, reserving liberty to the petitioner to file a successive bail petition. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 20 CT:PK