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2025 DAILYLAW 89144 (KAR)

SWATHI P. MAYYA, v. STATE BY S.H.O., UDUPI TOWN POLICE STATION,

CRL.P/13856/2025 · 2025-10-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13856 OF 2025 BETWEEN: 1. SWATHI P. MAYYA, W/O SRI HARSHA GL UPADYAYA, AGED ABOUT 28 YEARS 2. SHRI HARSHA G L UPADHYAYA, S/O LAXMI NARAYAN UPADHYAYA, AGED ABOUT 32 YEARS BOTH ARE RESIDING AT H.NO.4/100, TODABALI MANE, BADANIDIYOOR, THOTTAM, UDUPI TALUK AND DISTRICT - 576 108. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE BY S.H.O., UDUPI TOWN POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.156/2025 REGISTERED BY RESPONDENT POLICE, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AND ACJM COURT, UDUPI FOR THE ALLEGED FOR THE OFFENCES PUNISHABLE UNDER SECTION 179 OF BNS, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioners/accused Nos.1 and 2 under Section 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 seeking grant of bail in Crime No.156/2025 of Udupi Town Police Station registered for the offences punishable under Section 179 of Bharatiya Nyaya Sanhitha, 2023. 2. Heard learned counsel for petitioners and learned Additional Special Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 3. Learned counsel for petitioner would contend that, the currency notes deposited by the petitioner/accused No.1 in ATM machine to her account are found to be fake currency notes. On that basis, a case has been registered against the petitioners. There is no intention on the part of the petitioners to commit the offence alleged against them. The only intention of the petitioners was to make money easily and for this purpose, they bought currency notes by contacting a person through a chat on Instagram. They are not involved in manufacturing or creating fake currency notes. The petitioners are in custody since 24.08.2025. They are not required for further custodial interrogation. The petitioner No.1/accused No.1 is a woman. The petitioners are ready to cooperate with the police in investigation. With these, he prayed to allow the petition. 4. Per contra, learned Additional Special Public Prosecutor would contend that, the voluntary statement of the petitioner No.1/accused No.1 indicate that, the - 4 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 petitioners contacted a person through mobile by name Hellofromtoyou through instagram account and in order to gain more money with less effort, they secured a fake currency notes and deposited the same in ATM machine. With these, she prayed for rejection of the petition. 5. Having heard the learned counsels appearing for parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Considering the said allegations made against the petitioners that there is no role of them in manufacturing or creating the said fake currency notes and also considering that the petitioners are in custody since 24.08.2025, I am of the view that, they are not required for custodial interrogation. The petitioners are husband and wife and they have undertaken to cooperate with the police in investigation and abide by any terms and conditions to be imposed by this Court. The offence alleged against the petitioners is not punishable either with death or imprisonment for life. - 5 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 7. Considering the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioners are granted bail in Crime No.156/2025 of Udupi Town Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioners shall execute 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 Jurisdictional Court. ii) The petitioners shall cooperate with the Police in investigation and make himself available for interrogation whenever required. iii) The petitioners shall not threaten the prosecution witnesses either directly or indirectly. iv) The petitioners shall appear before the Jurisdictional Court on all the dates of - 6 - HC-KAR NC: 2025:KHC:40314 CRL.P No. 13856 of 2025 hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7 CT: BHK