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2026 DAILYLAW 35983 (KAR)

MR ABDUL RASHEED MOHAMMADALI v. THE STATE OF KARNATAKA

CRL.P/12778/2026 · 2026-08-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12778 OF 2026 BETWEEN: MR. ABDUL RASHEED MOHAMMADALI S/O MOHAMMADALI AGED ABOUT 53 YEARS R/AT NO.192/2, KUNDADKA HOUSE BELTHANGADY TALUK PUTILA - 574 326. …PETITIONER (BY SRI PRASANNA K, ADV.) AND: THE STATE OF KARNATAKA BY PUNJALKATTE POLICE STATION BELTHANGADI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARRESTED IN CRIME NO.49/2026 FOR THE OFFENCE P/U/S 179, 180 R/W 3(5) OF BNS ACT PENDING ON THE FILE OF THE SR.CIVIL JUDGE AND JMFC AT BANTWAL THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 ORAL ORDER 1. Accused no.3 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, is before this Court in this petition filed under Section 482 of BNS, 2023 seeking anticipatory 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 Muhammed Sameer, 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. Apprehending arrest in the case, the petitioner had approached the jurisdictional Sessions Court in Crl.Misc.No.425 of 2026 which was rejected on 26.05.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, based on credible information received on 01.05.2026, at - 3 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 about 15.30 hours, to the effect that two persons, who were in a Swift car bearing registration No.KA-70-M-5683 were making attempts to circulate counterfeit currency to the public, the first informant and his staff had raided the alleged spot where the aforesaid car was parked, accused nos.1 and 2, the inmates of the car were apprehended and from their possession Rs.500 denomination notes, totally amounting to Rs.2,38,000/- was recovered under a panchanama. 5. Undisputedly, the petitioner was not present along with accused nos.1 and 2 when recovery of the aforesaid notes were made from them. Accused nos.1 and 2 had approached this Court in Criminal Petition No.7244 of 2026 which was allowed on 01.07.2026. In paragraph nos.7 and 8 of the order passed in Criminal Petition No.7244 of 2026, it is observed as follows:- "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 - 4 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 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". 6. It is brought to the notice of this Court that, the petitioner is a person with no criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. 7. Considering the nature of allegations found against the petitioner in the first information as well as in the remand application of accused nos.1 and 2 and also taking into consideration the order passed in Criminal Petition No.7244 of 2026, I am of the opinion that, the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:- - 5 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest 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: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a 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 investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR CNR: KAHC010573852026 NC: 2026:KHC:45675 CRL.P No. 12778 of 2026 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 4