Karnataka High Court
Keshava Murthy Alias Channakeshav S/O ... vs The State Of Karnataka on 7 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 100225 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100225 OF 2024 (439)
BETWEEN:
KESHAVA MURTHY @ CHANNAKESHAV
S/O. GANGADHARAPPA,
AGE: 59 YEARS,
OCC. AGRICULTURE AND HOTEL BUSINESS,
R/O. AJJIHALLI-577213, TQ. CHENNAGIRI,
DIST. DAVANGERI.
...PETITIONER
(BY SRI PRASHANT S. KADADEVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD,
THROUGH DHARWAD SUB URBAN POLICE STATION.
...RESPONDENT
Digitally
VIJAYALAXMI signed by
(BY SMT. GIRIJA S. HIREMATH, HCGP)
M BHAT VIJAYALAXMI
M BHAT
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND GRANT REGULAR BAIL
TO THE PETITIONER (ACCUSED NO.4) IN SPLIT UP C.C.
NO.37/2017 (OLD CC NO.164/2010) PENDING ON THE FILE OF
PRL.CIVIL JUDGE AND JMFC, DHARWAD, IN DHARWAD SUB
URBAN P.S. CRIME NO.43/2009 FOR THE OFFENCES
PUNISHABLE U/S 489(a), (b), (c) AND (d) R/W SECTION 34 OF
IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 100225 of 2024
ORDER
Accused No.4 in C.C. No.37/2017 pending before the
Court of Principal Civil Judge and JMFC, Dharwad arising
out of Crime No.43/2009 registered by Dharwad Sub-
Urban Police Station, Dharwad District, for the offences
punishable under Sections 489 (a), (b), (c) and (d) read
with Section 34 of the Indian Penal Code (for short, 'IPC')
is before this Court under Section 439 of the Criminal
Procedure Code (for short, 'the Cr.P.C.').
2. Heard the learned counsel for the parties.
3. FIR in Crime No.43/2009 was registered by
Dharwad Sub-Urban Police Station, Dharwad District, on
the complaint of Mallappa Kallappa Kadammnavar, dated
27.02.2009. In the complaint, it is averred that on
27.02.2009, when the complainant was sitting inside the
Kittur Channamma park, he saw 4 people sitting at a
distance talking with each other and one of them
approached the complainant and informed him that they
have Rs.500/- denomination counterfeit notes and he
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offered to exchange the said counterfeit notes with the
complainant. It is in this background, the complainant had
approached the police and lodged the complaint, based on
which FIR in Crime No.43/2009 was registered against 4
unknown persons. The police had conducted a raid to the
alleged spot and managed to arrest 2 accused, who were
arrayed as accused Nos.1 and 2 in the complaint. After
completing the investigation, charge sheet was filed
against 4 persons for the aforesaid offences. Since
petitioner was absconding, a split up case was registered
against him. Before the committal Court, accused No.2
had absconded and therefore, as against accused Nos.2 to
4 split up case was registered before the committal Court
and case as against the accused No.1 was committed to
the Court of jurisdictional Sessions Judge and same was
numbered as S.C.No.167/2017. In the split up case
C.C.No.37/2017 that was registered against the petitioner,
he was arrested on 21.12.2023. His bail application filed
before the jurisdiction Sessions Court in
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Crl.Misc.No.161/2023 was rejected on 20.01.2024.
Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
the petitioner was falsely implicated in the case. He was
not aware of the case and he was arrested on 21.12.2023.
Case against the accused No.1 in S.C.No.167/2017 has
ended up in acquittal and said judgment and order of
acquittal has attained finality. Accordingly, he prays to
allow the petition.
5. Learned HCGP has opposed the bail application.
She submits that petitioner has been absconding from the
year 2009 onwards and if he is enlarged on bail, it is
difficult to secure his presence. Accordingly, prays to
dismiss the petition.
6. From perusal of the material available on
record, it would go to show that after the FIR was
registered in Crime No.43/2009, the police had conducted
raid to the alleged spot and managed to arrest accused
Nos.1 and 2 and from their possession a total sum of
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Rs.3,25,000/- was seized and according to the prosecution
the seized amount were all counterfeited notes. Accused
No.1 from whom seizure was made the present case, was
tried for the alleged offences by the jurisdictional Court of
sessions Judge in S.C.No.167/2017. After full fledged trial
the learned Sessions Judge had acquitted the accused
No.1 vide judgment and order dated 15.10.2018. It is not
in dispute that the said judgment and order of acquittal
has attained finality. Petitioner has been arrested in the
Split up case on 21.12.2023. Considering the fact that the
accused No.1 from whom counterfeit notes were seized in
the present case has been acquitted, chances of the
petitioner being convicted for the alleged offences is very
remote. Under these circumstances, I am of the opinion
that the prayer made by the petitioner for grant of regular
bail is required to be answered in the affirmative.
Accordingly the following:
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ORDER
Petition is allowed. The petitioner is directed to be
enlarged on bail in C.C. No.37/2017 pending before the
Court of Principal Civil Judge and JMFC, Dharwad arising
out of Crime No.43/2009 registered by Dharwad Sub-
Urban Police Station, Dharwad District, for the offences
punishable under Sections 489 (a), (b), (c) and (d) read
with Section 34 of the Indian Penal Code IPC, subject to
the following conditions:
i. The petitioner/accused No.4 shall execute
personal bond for a sum of Rs.1,00,000/- with
two sureties for the likesum, to the satisfaction
of the jurisdictional Court.
ii. The petitioner/accused No.4 shall appear
regularly on all the dates of hearing before the
Trial Court unless the Trial Court exempts his
appearance for valid reasons.
iii. The petitioner/accused No.4 shall not directly
or indirectly threaten or tamper with the
prosecution witnesses.
iv. The petitioner/accused No.4 shall not involve
in similar offences in future.
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v. The petitioner/accused No.4 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/-
JUDGE
AC
