N. Chandrashekar vs State of Karnataka

N. Ananda, J.—Accused no. 29 in S.C. No. 557/2013 pending trial for offences punishable under Sections 489-B, 489-C, 120-B IPC and Sections 3, 25, 27 of the Indian Arms Act and Sections 13, 15, 16, 17 of the Unlawful Activities Prevention Act, 1967, had sought for bail. The learned Sessions Judge has rejected the bail application.

This appeal has been placed before the Division Bench in terms of Section 21(4) of the National Investigation Agency Act, 2008.

We have heard learned counsel for respondents.

The learned Special Judge has rejected the bail application for the following reasons:

Accused no. 1 to 29 had entered into criminal conspiracy to smuggle into this country fake currency notes and circulate the same to destabilize the economy of this country. They had also entered into conspiracy to use money earned from circulation of fake currency notes to commit terrorist activities in this country. The accused had smuggled into this country arms and ammunitions to commit terrorist activities and create unrest within this country. The accused had smuggled into this country fake Indian currency notes of Rs. 500/- denomination. The accused had entered into conspiracy with other accused to commit the aforestated offences at different stages.

Accused no. 29 had entered into conspiracy with other accused to circulate fake currency notes to make unlawful gain for himself and also use the money to commit terrorist activities in this country.

The investigation records would reveal that 400 fake currency notes of Rs. 500/- denomination and a Hero Honda Splendor Motorcycle bearing No. KA-52/W-2562 were seized from the possession of accused no. 29. At this stage, there are no reasons to suspect recovery of aforestated counterfeit currency notes from the possession of accused no. 29.

The investigation records would reveal that accused no. 29 had entered into criminal conspiracy with other accused. The investigation officer had seized the following:-

i) 6000 counterfeit currency notes of Rs. 500/- denomination;

ii) Three Carbine Machine guns and Magazines; iii) 9 mm Carbine Machine Gun and forty five bullets; iv) Six 7.65 mm Pistols and magazines and Twenty five bullets.

The investigation records would prima-facie reveal that accused have committed offences against the security of nation. It is needless to state that security of nation would overweigh individual liberty. At this stage, there are no reasons to suspect the investigation records.

Accused no. 29 hails from a village near Malur Taluk, Kolar District, Karnataka. Accused no. 29 had secured 400 counterfeit currency notes of Rs. 500/- denomination from accused no. 2. He has not offered any explanation for being in possession of 400 counterfeit currency notes of Rs. 500/- denomination and also for his association with accused no. 2 who hails from Malda District, West Bengal State.

Having regard to nature and magnitude of offences and punishment provided thereof, accused no. 29 cannot be released on bail. Therefore, the appeal is dismissed.