- 1 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4921 OF 2025 BETWEEN: MR. PRIYESH V., S/O MADHAVAN NAIR T ., AGED ABOUT 38 YEARS, R/AT PERALAM, KARICHERY, KOLATHUR, KASARAGOD, KERALA-671 541. …PETITIONER (BY SRI NAUSHAD A K., ADVOCATE) AND: STATE OF KARNATAKA, BY HALSUR GATE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENAGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C., (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.225/2024 FOR THE OFFENCE P/U/S 179,180 OF BNS 2023 AND 178, 181, 182 OF BNS 2023 DIRECTING THE RESPONDENT POLICE TO RELEASE IN THE EVENT OF ARREST BY ALLOWING THE ABOVE PETITION THE LVI ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU HAS DISMISSED THE BAIL PETITION ON 14.03.2025 IN CRL.MISC.NO.1953/2025. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 ORAL ORDER Accused No.1 in Crime No.225/2024 registered by Halasurugate Police station, Bengaluru, for the offences punishable under Sections 178, 179, 180, 181, 182 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the petitioner and learned HCGP for the State. 3. FIR was registered by Halasurugate Police station initially for the offences punishable under Sections 179 and 180 of BNS, 2023, against one Afzal Hussain based on first information dated 09.09.2024 received from Bhim Chaudhary S/o late Lakhan Chaudhary, Assistant General Manager, Reserve Bank of India, Nrupathunga Road, Bengaluru. During the course of investigation, petitioner was produced under body warrant in the present case on 26.09.2024 and on the said date, he was remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before jurisdictional Sessions Court was rejected on 14.03.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 4. Learned counsel for the petitioner submits that there is no seizure of counterfeit notes or machinery used for printing counterfeit notes from the possession of the petitioner in the present case. Petitioner was arrested in Crime No.95/2024 registered by CEN Crime Police Station, Mangaluru, D.K., with similar allegations and was produced under body warrant in the present case. Petitioner has been already enlarged on bail in Crime No.95/2024. Considering the voluntary statements of accused Nos.2 and 3, allegations now made against the petitioner becomes doubtful. Petitioner is ready and willing to co-operate before the trial Court. Accordingly, he prays to allow the petition. 5. Learned HCGP opposes the petition on the ground that the petitioner in the present case is a person with criminal antecedent. The alleged offences committed by the petitioner effects the economy of the country. Accordingly, she prays for dismissal of the petition. 6. FIR in the present case was registered against one Afzal Hussain based on the first information dated 09.09.2024 submitted by Bhim Chaudhary, Assistant General Manager, Reserve Bank of India, Nrupathunga Road, Bengaluru. In the - 4 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 first information, it is stated that Afzal Hussain had approached the Reserve Bank of India for exchange of notes of Rs.2,000/- denominations and on verification, it was found that 1234 notes of Rs.2,000/- denominations brought by Afzal Hussain were counterfeit notes. It is in this background, FIR was initially registered against Afzal Hussain, who is now arrayed as accused No.6 in the charge sheet. 7. During the course of investigation, six persons were arrested in the present case and after investigation, charge sheet is filed against the aforesaid six accused. Petitioner is arrayed as accused No.1 in the charge sheet. As per the charge sheet allegations, accused Nos.3 and 4 were due to pay certain money to accused No.5 in a land deal transaction. For the purpose of settling their dues to accused No.5, accused Nos.3 and 4 contacted accused No.2 and asked him to make arrangements to provide them with counterfeit notes and in turn, accused No.2 had contacted accused No.1, who allegedly had provided counterfeit notes to accused No.2, who in turn had handed over the same to accused Nos.3 and 4. Thereafter, accused Nos.3 and 4 had handed over to said counterfeit notes to accused No.5, who in turn asked accused No.6 to present - 5 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 the same to the Reserve Bank of India for the purpose of exchange. 8. The petitioner was arrested in Crime No.95/2024 registered by CEN Crime Police Station, Mangaluru, D.K., for similar offences on 20.08.2024 and thereafter, he was remanded to judicial custody. He was enlarged on bail in the said case by the jurisdictional Sessions Court, D.K., Mangaluru in C.Misc.No.1078/2024 disposed of on 16.12.2024. 9. Perusal of the material on record would show that accused Nos.3 and 4, who were due to pay a sum of Rs.30 Lakhs to accused No.5 under a failed land deal transaction, had allegedly deposited a sum of Rs.5 Lakhs to his bank account on 04.09.2024. However, accused No.5 allegedly was pressurizing them to pay balance amount of Rs.25 Lakhs. It is under these circumstances, they had approached accused No.2 with a request to provide them with counterfeit notes and in turn, accused No.2 had approached accused No.1, who allegedly had provided accused No.2 with counterfeit notes of Rs.50 Lakhs and out of the same counterfeit notes of Rs.25 Lakhs was allegedly handed over by accused No.2 to accused Nos.3 and 4 and subsequently, remaining counterfeit notes were seized - 6 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 from the possession of accused No.2 at this instance. From the aforesaid aspect of the matter, it appears that after an amount of Rs.5 Lakhs was deposited by accused Nos.3 and 4 to the bank account of accused No.5 on 04.09.2024, they had approached accused No.2 with a request to provide them with counterfeit notes. The petitioner was in custody in Crime No.95/2024 registered by CEN Crime Police, D.K., from 20.08.2024 and he was released in the said case only in the month of December, 2024. Therefore, it becomes difficult to believe that the petitioner was approached by accused No.2 after 04.09.2024 with a request to provide him with counterfeit notes and in turn, the petitioner had provided counterfeit notes amounting Rs.50 Lakhs of Rs.2,000/- denominations to accused No.2. In view of the glaring discrepancy in the case of prosecution, I am of the opinion that prayer made by petitioner for grant of regular bail is to be answered affirmatively. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.225/2024 registered by Halasurugate Police Station, Bengaluru, for the offences punishable under Sections 178, 179, 180, 181, 182 of BNS, 2023, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:21652 CRL.P No. 4921 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall be local surety, 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; 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AV List No.: 1 Sl No.: 47