- 1 - NC: 2025:KHC:16884 WP No. 9823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9823 OF 2025 (GM-POLICE) BETWEEN: RAZIYA BEGUM W/O LATE MOHAMMED HASHAM AGED ABOUT 64 YEARS RESIDING AT:NO.519, 11TH CROSS, PILLANA GARDEN, 3RD STAGE, BENGALURU – 560 045. …PETITIONER (BY SRI MOHAMMED TAHIR.,ADVOCATE) AND: STATE BY KG HALLI PS REPRESENTED BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX OPP. TO VIDHAN SAUDA BENGALURU – 560 001. …RESPONDENT (BY SRI PRASANNA KUMAR P., SPL.PP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO APPRECIATE THIS PETITION CONSEQUENTLY RELEASE PETITIONER’S SON NASIR PASHA ON INTERIM BAIL FOR 2 MONTHS WHO IS ARRAYED AS ACCUSED NO 1 IN SPL. CC. NO. 744/2023 OFFENCES PUNISHABLE BY SECTIONS 153A, 120B OF IPC AND SECTION 13, 17, 18A, 18B, 22B OF UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967 PASSED BY THE HON’BLE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16884 WP No. 9823 of 2025 XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES) AT BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking release of her son on interim bail for a period of 60 days. The son is accused No.1 in Spl.C.C.No.744 of 2023 for offences punishable under Sections 153A, 120B of IPC and Sections 13, 17, 18A, 18B and 22B of the Unlawful Activities (Prevention) Act, 1967. The son is now an under trial prisoner. 2. Heard Sri Mohammed Tahir, learned counsel appearing for petitioner and Sri P Prasanna Kumar, learned Special Public Prosecutor appearing for respondent. 3. A crime comes to be registered in Crime No.328 of 2022 for offences as afore-quoted. Right from 22-9-2022 the son of the petitioner is said to be in prison. - 3 - NC: 2025:KHC:16884 WP No. 9823 of 2025 4. The petitioner, a senior citizen aged 64 years, is said to be suffering from breathing issues and is also been suffering from diabetic retinopathy, therefore, she has to undergo cataract surgery on both the eyes. The only son to the petitioner is the one who is in jail. In the light of the fact that there is nobody else to take care of the mother at the time or after the surgery, she has sought for release of her son, on grant of interim bail. Due to the son being not around, it is the averment in the petition that, the surgery has been postponed from time to time. In that light, the learned counsel for petitioner seeks release of the son of the petitioner on grant of interim bail, for the period that this Court would deem fit to permit. 5. The learned Special Public Prosecutor Sri P Prasanna Kumar appearing for the respondent would object to grant of any interim bail to the son of the petitioner, owing to the offences alleged, as they are the ones punishable under the Provisions of UAPA. He would further submit that such bail application will spring from every prisoner on some reason or the other. - 4 - NC: 2025:KHC:16884 WP No. 9823 of 2025 6. In the normal circumstance, if the trial had commenced or was in swift progress, this Court would not have granted bail. But the trial is yet to commence. It is the submission of the learned counsel for petitioner that there are 174 witnesses to be examined and there can be no hope of the trial getting concluded soon. The eyes of the mother of the under trial prisoner cannot wait the conclusion of the trial, as there is impending urgency of a cataract surgery. In that light, I deem it appropriate to grant the petitioner interim bail, on imposing stringent conditions, with a clear indication that this order would not be treated as a precedent to any other case, as it is rendered owing to peculiar circumstances. Therefore, the son of the petitioner shall be released on interim bail for a period of 30 days. 7. For the aforesaid reasons, the following: ORDER (i) Writ Petition is disposed. (ii) Accused No.1 in Spl.C.C.No.744/2023 pending on the file of Hon'ble XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA - 5 - NC: 2025:KHC:16884 WP No. 9823 of 2025 cases), at Bengaluru shall be released on interim bail for a period of 30 days to be operational from the date of release of the petitioner, till the evening of 30th day of his release, subject to the following conditions: a) Accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties; b) Accused No.1 shall not leave the jurisdiction of the Court without the prior permission; c) Accused No.1 shall not involve in similar offences or any offence; d) Accused No.1 shall furnish his address proof and his mobile phone number to the respective Authorities, if not already furnished; e) Accused No.1 shall mark his attendance with the Jurisdictional Police, every alternate day i.e., Monday, Wednesday and Saturday between 9:00 AM to 12:00 PM, for the period he is out on interim bail; f) Any deviation, in the aforesaid conditions, would entail cancellation of interim bail; Page No. 5 is retyped and replaced vide court order dated 29.04.2025 - 6 - NC: 2025:KHC:16884 WP No. 9823 of 2025 g) Registry is directed to communicate this order to the concerned Jail Authorities, forthwith, for its implementation. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 27