Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7244 OF 2026 BETWEEN:
1.
MAHAMMAD SAMEER AGED ABOUT 27 YEARS S/O ABDUL RAHIMAN K.M R/AT DARKAS HOUSE PADAVARA KALLU BADAGAKAJEKAR VILLAGE AND POST BANTWAL TALUK. D.K. 574 265.
2.
MAHAMMAD IRFAN AGED ABOUT 26 YEARS S/O IBRAHIM R/AT MALADI PALKE HOUSE MALADI VILLAGE BELTHANGADY TALUK D.K. 574 265. …PETITIONERS (BY SRI DHANANJAY KUMAR, ADV.) AND:
STATE OF KARNATAKA BY PUNJALKATTE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BULDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NOs.1 AND 2 ON BAIL IN CR.NO.49/2026 REGISTERED BY PUNJALKATTE P.S., BELTHANGADY RURAL CIRCLE, D.K.,, PENDING BEFORE THE LEARNED SENIOR CIVIL JUDGE AND JMFC COURT, BANTWAL, FOR THE OFFENCES P/U/S 179,182 R/W 3(5) OF IPC.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.1 and 2 in Crime No.49 of 2026 registered by Punjalkatte Police Station, Dakshina Kannada District, for offences punishable under Sections 179, 180 R/W Section 3(5) of BNS, 2023, are before this Court in this petition filed under Section 483 of BNS 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.49 of 2026 was registered by Punjalkatte Police Station, Dakshina Kannada District for the aforesaid offences against the petitioners herein, based on the first information dated 01.05.2026 received from Sri Rajesh K V, Police Officer attached to Punjalakatte Police Station, Dakshina Kannada District. During the course of investigation, the petitioners herein were arrested on 01.05.2026 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
Crl.Misc.No.392 of 2026 was rejected on
15.05.2026. Therefore, they are before this Court.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, the notes seized in the present case are not counterfeit currency notes. He submits that, undisputedly, the name of "Children Bank of India" was printed in the said notes and the said notes are used for gaming activities during marriage and other ceremonies. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned, HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. He however submits that, investigation of the case is under progress and accordingly prays to dismiss the petition.
6. Perusal of the first information reveals that based on credible information received on 01.05.2026, at about 15.30 hours, to the effect that two persons who were in a Swift car
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
bearing registration number KA-70-M-5683 were making attempts to circulate counterfeit currency notes to public, the first informant and his staff had raided the alleged spot where the aforesaid car was parked and the petitioners herein, who were the inmates of the said car were apprehended and from their possession ₹.500/- denomination notes totally amounting to ₹.2,38,000/- was recovered under a panchanama.
7. Perusal of the first information as well as the seizure panchanama would go to show that name of "Children Bank of India" was printed in English in the said notes. Therefore, it cannot be said that the said notes are counterfeit Indian currency notes. The alleged offences get attracted where an attempt is made to circulate counterfeit currency notes to the public or if it is found that a person is in possession of counterfeit currency notes.
8.
Learned counsel for the petitioners has produced material along with the bail application which prima facie shows that notes which are similar to the notes which are seized in the present case is used for gaming activities and the same is available in open market.
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
9. It is not in dispute that the petitioners, who are youngsters have no criminal antecedents. They have undertaken to abide by the conditions that may be imposed on them by this Court while enlarging them on bail. Under the circumstances, the following :-
ORDER Criminal petition is allowed.
The petitioners are directed to be enlarged on bail in Crime No.49 of 2026 registered by Punjalkatte Police Station, Dakshina Kannada District, for offences punishable under Sections 179, 180 R/W Section 3(5) of BNS, 2023, subject to the following conditions:- a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
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HC-KAR NC: 2026:KHC:32763 CRL.P No. 7244 of 2026
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future: e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 83