Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18370 CRL.P No. 5279 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5279 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN:
SHAREEF P.A.
S/O LATE ABDUL KHADER, AGED ABOUT 46 YEARS, R/AT THOTA HILL HOUSE, MARTHOMA ROAD, CHENGALA, KASARGOD TLAUK, 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-560001. …RESPONDENT (BY SMT.WAHEEDA.M.M.,HCGP FOR RESPONDENT)
THIS CRL.P FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.84/2024 IN CC.NO.1111/2024 OF BANTWAL TOWN P.S., D.K. DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 489(B),
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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NC: 2025:KHC:18370 CRL.P No. 5279 of 2025
489(C) R/W 34 OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, BANTWAL, D.K., MANGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER
This petition is filed by the accused No.3 seeking for regular bail in Crime No.84/2024, registered by the Bantwal Town Police Station for the offences punishable under Sections 489(B), 489(C) R/W 34 of IPC.
Factual matrix of the case:
2. The case of the prosecution is that, the petitioner arrayed as accused No.3 who accompanied with other accused and went in the car. It is alleged that all the accused who were in the car, stated to be transported the fake currency notes. The complainant and others intercepted the vehicle, and they conducted enquiry. In the meantime, the petitioner escaped from the clutches of the complainant and others. Later, he was arrested.
3. It is further alleged that the respondent – police seized the fake currency notes which were being carried out for
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NC: 2025:KHC:18370 CRL.P No. 5279 of 2025
the purpose of circulation. Based on the said information, a complaint came to be registered against the accused and others for the offences stated supra. After conducting investigation, charge sheet was submitted.
4. Heard Sri.Lethif.B.,
learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State.
5. It is the submission of the learned counsel for the petitioner that Co-ordinate Bench of this Court in Crl.P.No.2488/2025, granted bail to Kamarunnisa, who is the wife of the present petitioner. The petitioner is also standing on the same footing and the respondent police have arrested him and interrogated him, However, nothing has been recovered at his instance. Moreover, he is not required for any further interrogation. Hence, he may be released on parity. Making such submission he prays to allow the petition.
6. Though the learned High Court Government Pleader opposes the said submissions, the fact remains that, one of the co-accused had been granted bail for the similar facts and
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NC: 2025:KHC:18370 CRL.P No. 5279 of 2025
circumstances. Hence, the same benefit is required to be extended to the present petitioner.
7. Accordingly, I proceed to pass the following:
ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.84/2024 of the respondent – Police, pending on the file of Addl.Civil Judge and JMFC, Bantwal, D.K., Mangaluru, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses.
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NC: 2025:KHC:18370 CRL.P No. 5279 of 2025
d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/- (S RACHAIAH) JUDGE
SRK List No.: 1 Sl No.: 31