SUBBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are arrayed as accused Nos.2 and 3 are seeking to be enlarged on bail in connection with their detention pursuant to proceedings in Crime No.393/2018 for the offences punishable under Sections 489B, 420 read with Section 34 of IPC.

(2.) It is the case of the prosecution that the complainant had been to A.P.M.C. Yard, Hosadurga town for selling of sheep and similarly, other vendors of sheep also came to the A.P.M.C. Yard. It is stated that sheep were purchased from the complainant for Rs.6,000/- and the price was paid by way of notes of denomination of Rs.2,000/- and it is stated that the accused persons have also purchased one goat from Manjamma W/o Thippeswamy for Rs.8,000/- and another one goat from Gidda Erappa for Rs.8,000/- and they had paid a sum of Rs.22,000/- by way of 11 notes of a denomination of Rs.2,000/-. It is stated that subsequently, it was found that the notes were fake notes and on the basis of complaint, Crime No.393/2018 came to be filed. It is stated that the petitioners were arrested on 14/09/2018 and have been in custody since then.

(3.) Learned counsel for the petitioners state that the version that is made out in the complaint is doubtful, more so, as to why notes were in the possession of the complainant though there were other vendors as well. It is further stated that considering that there was no antecedents regarding previous commission of offence, the petitioners are entitled to be released on bail. Previously, the application filed by the petitioners seeking to be enlarged on bail came be rejected as per the order dated 11.10.2018 by the Sessions Court, which has observed that the offence made out would have an impact from the economy and State Exchequer. Learned counsel for the petitioners state that there are no criminal antecedents as regards the petitioner.