The appellant NIA appealed an order granting bail to accused No.9. The court held that the offense is not punishable with death or life imprisonment and the accused is a resident, so bail warrants no interference. Appeal dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2021
PRESENT
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
AND
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
CRL.A.No.1028/2020
BETWEEN:
NATIONAL INVESTIGATION AGENCY GOVERNMENT OF INDIA, HAVING ITS BRANCH OFFICE AT DOMLUR FLYOVER, DOMLUR I STAGE, 1ST STAGE, DOMLUR, BENGALURU - 560 071.
… APPELLANT
(BY SRI. P. PRASANNA KUMAR, ADV.)
AND:
SRI. VIJAY.R., S/O RAJU M.G., AGED ABOUT 25 YEARS, RESIDING AT No.1216, 6TH WARD, NEAR KESHAVASWAMY TEMPLE, CHENNARAYAPATNA MAIN ROAD, NEAR RAJEEV NAGAR, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 110. … RESPONDENT
(BY SRI. T.A.BASAVARAJU, ADV.)
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THIS APPEAL IS FILED UNDER SECTION 21 OF THE NATIONAL INVESTIGATION AGENCY ACT, 2008 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 27.08.2020 IN SPL.C.C.No.785/2018 PASSED BY THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NIA CASES, BENGALURU (CCH-50) THEREBY GRANTING BAIL TO THE ACCUSED No.9/RESPONDENT AND CONSEQUENTLY ALLOW THIS CRL.A.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ARAVIND KUMAR , J. , DELIVERED THE FOLLOWING:
JUDGMENT
Respondent who has been arraigned as accused No.9 in Crime No.431/2018 based on a complaint filed by one
Sri.Vinodh B Kadam stating that three persons were in possession of fake Indian Currency Notes. Said complaint came to be registered for the offences punishable under Sections 489B, 489C, 120B r/w Section 34 of IPC. Investigation came to be transferred to the National Investigating Agency by order dated 05.09.2018 under Section 6(5) r/w Section 8 of N.I.A Act, 2008 by the Government of India, Ministry of Home Affairs, New Delhi.
Same was registered as R.C.No.26/2018 and after investigation, charge sheet came to be filed against four
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accused on 03.11.2018. Learned Sessions Judge after noticing the material on record, took cognizance of the offences and registered a criminal case in Spl.C.C.No.785/2018. Subsequently, the supplementary charge sheet has been filed on more than one occasion. In the 3rd supplementary charge sheet that came to be filed on 30.06.2020, respondent herein came to be arraigned as accused No.9. The 4th accused being enlarged on bail, learned Presiding Officer of the Special Court, by order dated 27.08.2020 enlarged accused No.9 also on bail by a detailed reasoning. Hence, this appeal is filed by the prosecuting agency under Section 21 of the National Investigation Agency Act, 2008.
Sri.T.A.Basavaraju, learned counsel appearing for the respondent - accused No.9. Perused the case papers including the statement of objections filed to the said application.
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facie does not stand supported from the charge sheet material.
has enlarged the respondent-accused No.9 on bail. The said offence neither being punishable with death sentence or imprisonment for life and accused being a permanent resident of Bengaluru, stringent conditions imposed by the learned Presiding Officer of the trial Court would allay the apprehension expressed by the prosecution and order granting of bail by special court would not warrant our interference.
We find no grounds and appeal stands dismissed.
Sd/JUDGE
Sd/JUDGE
GH
1 issue framed by the court
Whether the grant of bail to accused No.9 in a fake currency notes case warrants interference by the High Court.
National Investigation Agency, Government of India
Sri. Vijay.R.
Aravind Kumar
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
