- 1 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2488 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KAMARUNNISA W/O SHARIF, AGED ABOUT 41 YEARS, R/AT UBAIDA MANZIL, CHURI, KUDLU VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, STATE OF KERALA - 671124. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY BANTWAL POLICE STATION, D K DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HER ON BAIL IN CR.NO.84/2024 (C.C.NO.1111/2024) OF BANTWAL POLICE STATION, D.K. DISTRICT FOR THE OFFENCE P/U/S 489(B), 489(C) R/W 34 OF IPC, PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, BANTWAL, D.K., MANGALURU. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.84/2024 registered by Bantwal Town Police Station, Dakshina Kannada District, for offences punishable under Sections 489B, 489C read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.84/2024 registered by Bantwal Town Police Station, Dakshina Kannada District, for the aforesaid offences against Mohammad C A and two others on the basis of the first information dated 11.05.2024 received from Ramakrishna - Police Officer attached to Bantwala Town Police Station, Dakshina Kannada District. 4. Petitioner who is arrayed as accused No.2 in the FIR was arrested on 11.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons and the petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Trial Court in - 3 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 Crl.Misc.No.1081/2024 was rejected on 31.12.2024. Therefore, she is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a married lady having minor children and her husband, who is arrayed as accused No.3 is now arrested. She has no other criminal antecedents and on the alleged date of incident, she had accompanied her husband. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that huge quantity of counterfeit notes have been recovered from the vanity bag of the petitioner and therefore, her prayer for grant of regular bail is liable to be dismissed. 7. In the first information that was submitted on 11.05.2024, it is averred that, when the first informant and his staff were on patrolling duty on 10.05.2024, at about 22.15 hours, they found two gents and a lady roaming suspiciously in a car bearing Reg.No.KL-14-T-777. At about 22.30 hours, the said car was found parked near Somayaji Hospital on B.C.Road - 4 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 in Bantwal Taluk and the inmates of the car tried to run away. The police apprehended two persons and the other person allegedly managed to escape. On verification, the apprehended persons mentioned their names as Mohammad C.A and Khamarunnisa and it was found that the person who escaped was Shareef - husband of Khamarunnisa. It is stated that from the possession of accused No.1 - 26 counterfeit notes of Rs.500/- denomination and from the possession of accused No.2 - 20 counterfeit notes of Rs.500/- denomination was recovered and subjected to panchanama. Subsequently, at the instance of accused No.1 - 460 counterfeit notes of Rs.500/- denomination was recovered. It is not in dispute that the petitioner has no criminal antecedents and the material on record would go to show that along with her, her husband who is arrayed as accused No.3 was also present in the car and on the date of incident, he had managed to escape. It is brought to the notice of this Court that, accused No.3 is now arrested and remanded to judicial custody. Investigation of the case is completed and the charge sheet is filed. 8. Learned counsel for the petitioner has brought to the notice of the Court that petitioner has got one minor child - 5 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 to be taken care of. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, who is a married lady for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.84/2024 registered by Bantwal Town Police Station, Dakshina Kannada District, for offences punishable under Sections 489B, 489C read with Section 34 of Indian Penal Code, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC:11352 CRL.P No. 2488 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 50