Aditya Singh @ Vivek Thakur vs National Investigation Agency
2025 Latest Caselaw 5312 Kant

Karnataka High Court

Aditya Singh @ Vivek Thakur vs National Investigation Agency on 21 March, 2025

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                                                           NC: 2025:KHC:11835-DB
                                                              CRL.A No. 1457 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 21ST DAY OF MARCH, 2025

                                                 PRESENT
                       THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                     AND
                             THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                                 CRIMINAL APPEAL NO. 1457 OF 2024


                      Between:

                      Adithya Singh @ Vivek Thakur
                      Aged about 23 years,
                      S/o Late Kalyan Singh
                      Current Address Ramnagar Colony
                      Village Banda, Shahjahanpur Mandal,
                      Uttar Pradesh Pin-242001

                      Address As Per Aadhar
                      Pipriya Chouhan Baskera,
                      Ganpatpur Shahjahanpur,
Digitally signed by   Uttar Pradesh-242401
MAHALAKSHMI B M                                                              ...Appellant
Location: HIGH
COURT OF              (By Sri Nagesha B, Advocate)
KARNATAKA
                      And:

                      National Investigation Agency
                      Bengaluru,
                      Represented by Special Public Prosecutor,
                      High Court Building, Bengaluru-560001
                                                                         ...Respondent
                      (By Sri C.Sachin, Advocate for
                          Sri Prasanna Kumar P, Special Public Prosecutor)

                            This Criminal Appeal is filed u/s 21(4) of NIA Act, praying
                      to enlarge the appellant on bail in R.C.No.02/2023/NIA/BLR
                      after investigation charge sheet was filed which now been
                      numbered as Spl.C.No.580/2024 on the file of the National
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                                    NC: 2025:KHC:11835-DB
                                       CRL.A No. 1457 of 2024




Investigation Agency Bengaluru for the offence p/u/s 120B,
420, 489A, 489C, 489D and 511 r/w 489B of IPC, pending
before the court of XLIX Additional City Civil and Sessions
Judge (Spl. Judge for trial of NIA cases) at Bengaluru by
allowing this appeal.

      This Criminal Appeal, coming on for dictating judgment,
this day, judgment was delivered therein as under:

CORAM:      HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
            and
            HON'BLE MRS JUSTICE K.S. HEMALEKHA

                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)

The present appeal has been filed under Section

21(4) of the National Investigation Agency Act, 2008 ('NIA

Act' for short) against the order rejecting the prayer of the

appellant for grant of regular bail in Special Case

No.580/2024 on the file of XLIX Additional City Civil and

Sessions Judge (Special Judge for trial of NIA Cases),

Bengaluru registered for the offence punishable under

Section 120B, 420, 489A, 489B, 489C, 489D, and 511 of

Indian Penal Code,1860 (for short 'the Code').

2. Heard Sri Nagesha B, learned counsel

appearing for the appellant and Sri C.Sachin, Advocate

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appearing on behalf of Sri P.Prasanna Kumar, learned

Spl.PP for the respondent/NIA and perused the material on

record.

3. The Government of India, Ministry of Home

Affairs based on the information received that the accused

persons are involved in importing of large quantity of

counterfeit currency notes / Fake Indian Currency Notes

(FICN) from the border countries of India and also printing

the same using imported papers and high quality printers

for circulating across various States and looking into the

gravity of offences by exercising the power under Section

6(5) read with Section 8 of NIA Act, directed the National

Investigation Agency (NIA) to take up the investigation. A

case was registered by the NIA for the offences punishable

under Section 120B, 420 read with Sections 489A, 489B,

489C and 489D of Code.

4. During the course of investigation, searches

were conducted at the house of the accused herein and

accused No.2, during the search from the house of the

NC: 2025:KHC:11835-DB

accused FICN of Rs.6,600/- (Rs.500x12, 200x2 and

100x2) were seized along with Indian currency of

Rs.70,920/-, white color A4 sized papers with security

threads, printer, two mobile phones and a laptop and

further during the search of the house of accused No.2,

one printer, one mobile phone, one A4 sized paper

containing color print of Rs.500/- note were seized. It was

further revealed that accused No.1 obtained a SIM card by

fraudulent means and created a social media account in

instagram with the name 'fake_currency_seller2023' with

an user ID as 'Priya Mehta' and phone number linked to

the said instagram. Both the accused were arrested and

they were produced before the Special Court under transit

warrant.

5. The accused filed bail applications under

Section 439 Code of Criminal Procedure, 1973 seeking

regular bail. On hearing, the Special Court granted bail to

accused No.2 and by the impugned order rejected the bail

application of accused No.1/appellant.

NC: 2025:KHC:11835-DB

6. Learned counsel for the appellant would

contend that accused No.2 has been granted bail when

both the accused were charged with the same offence and

doctrine of parity should be made applicable to accused

No.1. It is submitted that there is no evidence secured by

the investigating officer to establish that accused No.1 was

selling, buying or using the counterfeit currency notes. The

charges leveled against the accused do not fit in the

ingredients of offences under sections 489A, 489B, 489C

and 489D. The charge-sheet has already been filed, the

appellant has been in judicial custody since the date of

arrest i.e., 07.12.2023; the appellant has no overt act and

would abide by all the conditions that will be imposed by

this Court.

7. Per contra, the learned counsel appearing for

NIA would vehemently submit that accused No.1 for the

purpose of circulating FICN, received and possessed FICN;

that the appellant has committed a serious offence with an

intent and knowledge that the same would cause

NC: 2025:KHC:11835-DB

monetary instability in the nation, as such, he is not

entitled for bail. It is submitted that granting of bail to

accused No.2 by the Special Court was for the reason that,

there was no material to indicate that accused No.2 was

involved in the circulation of FICN, the ground of parity

cannot be made applicable in criminal jurisprudence as

overt act alleged and material available against each

individual differs.

8. This court needs to assess whether there is a

prima facie case or a reasonable ground made out against

the accused to believe his involvement in the alleged

crime, the nature and gravity of the offence; whether

there is a possibility of the accused absconding, any

chances of threatening or tampering of prosecution

witnesses.

9. In the investigation it was recorded that

accused No.1 was found in possession of

forged/counterfeit notes, an offence punishable under

section 489C of the Code. Further, the expert opinion

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received from Bharatiya Reserve Bank Note Mudran (P)

Limited, Mysore is that the notes seized from the house of

accused No.1 are not genuine and are low quality

counterfeit Indian Bank Notes, the investigation did not

reveal regarding circulation or attempt to circulate FICN,

however, this Court at this stage cannot give any finding

whether accused No.1 is involved in the preparation,

possession and circulation or not, which is ofcourse a

matter of trial. The offences charged upon accused No.1 is

under Sections 120B, 420, 489A, 489C, 489D and 511

read with 489B of the Code. Admittedly, the appellant and

the co-accused were charged with the same offences

punishable as stated supra except 420 of the Code

charged in respect of accused No.1. On perusal of the

material collected by the investigating officer prima facie

would at the most attract Section 420 of the Code, the

offence that is not punishable with death or imprisonment

for life and 489C of the Code a bailable offence, and do

not attract Sections 489A, 489B, 489C and 489D of the

Code.