J VANITHA Vs. STATE BY NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) The present appeal is filed under Section 21(4) of National Investigation Act praying to set aside the order dated 26-12-2018 passed by the XLIX Additional City Civil & Sessions Judge (Special Court for trial of NIA cases) at Bengaluru and release the appellant on bail in Special Case No.785 of 2018 for the offence punishable under Sections 489-B, 489-C, 120-B and Section 34 of IPC. The appellant herein approached the Court below by filing the bail application under Section 439 of Cr.PC on behalf of accused No.4 and the same was rejected by the trial court. Being aggrieved by the said order, the present appeal is filed on the following grounds:-

(2.) The main contention of the appellant is that accused Nos.1 to 3 were arrested on 8-8-2018 and a sum of Rs.4,34,000/- fake Indian currency notes were recovered. Based on the disclosure statement of accused No.2, a raid was conducted and fake currency notes of Rs.2,50,000/- was recovered from the house of the present appellant. The other contention is that, having considered the material on record, it attracts only Section 489-C of IPC and not other offences.

(3.) The learned counsel appearing for the appellant would submit that there are no material against this appellant for the offence punishable under Section 489-B and also for the offence under Section 120-B of IPC. Apart from that, he also submits that the appellant being a lady, this Court has to take note of the first proviso to Section 437 of Cr.PC and in the absence of any material with regard to the appellant indulging in circulation of fake notes the appellant is entitled for bail. The counsel further submits that the punishment for the offence under Section 489-C is upto imprisonment for 7 years or with fine or with both. On that ground the appellant is entitled for bail.