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2025 DAILYLAW 39180 (KAR)

MR SYED ABBAS v. NATIONAL INVESTIGATION AGENCY

CRL.A/1868/2025 · 2025-09-25

K S Mudagal, M G S Kamal

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39381-DB CRL.A No.1868/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO.1868/2025 (21(NIA)) BETWEEN: MR SYED ABBAS S/O SYED IMTIYAZ AGED ABOUT 35 YEARS R/AT NO.5, MBS MANSON 15TH CROSS, GOVINDAPURA A C POST, BENGALURU – 560 045 …APPELLANT (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS REP. BY SUPERINTENDENT OF POLICE BRANCH OFFICE, BENGALURU 3RD FLOOR, BSNL TELEPHONE EXCHANGE HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 008 …RESPONDENT (BY SRI PRASANNA KUMAR P., SPL. PP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NIA ACT PRAYING TO SET ASIDE THE ORDER DATED 06.09.2025 (ANNEXURE-A) PASSED BY THE HONBLE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA CASES), (CCH-50) BENGALURU IN SPL.C.NO.141/2021 ETC. THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39381-DB CRL.A No.1868/2025 CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Challenging the rejection of his application for interim bail, accused No.3 in Spl.C.No.141/2021 on the file of XLIX Additional City Civil and Sessions Judge (Special Court for the trial of NIA cases) (CCH-50), Bengaluru has preferred this appeal. 2. Appellant and 137 other accused are being tried in the said case for the offences punishable under Sections 143, 147, 148, 353, 333, 332, 436, 427 and 149 of IPC, Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’) and Section 4 of the Prevention of Damage to Public Property Act, 1984/Section 2 of the Prevention of Destruction and Loss of Property Act, 1981 on the basis of the charge sheet filed by NIA in R.C.35/2020/NIA/DLI . 3. Charge against accused No.3 is that being motivated by some extreme ideologies, he along with few other co-accused mobilized huge number of persons using the social - 3 - HC-KAR NC: 2025:KHC:39381-DB CRL.A No.1868/2025 media network, attacked K.G.Halli Police Station, burnt vehicles and assaulted public servants etc. 4. The appellant’s application for interim bail was rejected by the trial Court. The earlier bail application of the appellant was also rejected by the trial Court. The same was confirmed by this Court by the judgment dated 19.07.2022 in Crl.A.No.788/2022. 5. The appellant filed application before the trial Court seeking interim bail for seven days on the ground that his mother is ill and he needs to attend to her. The trial Court has rejected the said application on the ground that the appellant's married sister is attending to her mother. 6. Before this Court, the copies of the medical records of the appellant's mother are produced both by the appellant as well as the respondent. Those records show that the appellant's mother is aged 66 years and she was admitted in Even Hospitals on 01.09.2025 with the history of chronic kidney disease and she was discharged on 05.09.2025. The said records show that during her admission into the hospital she underwent some medical procedures like the dialysis. - 4 - HC-KAR NC: 2025:KHC:39381-DB CRL.A No.1868/2025 7. There is no dispute that the appellant’s sister is married. Considering the medical condition of the mother of the appellant, it would be just and appropriate to grant him interim bail as prayed for with suitable conditions. Hence the following: ORDER Appeal is allowed. Appellant is granted interim bail for seven days as prayed for subject to the following conditions: (i) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court. (ii) He shall furnish his residential address proof during interim bail period. (iii) He shall surrender before the trial Court on 8th day from the date of his release. Communicate copy of this order to the trial Court and the concerned prison forthwith. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE KSR List No.: 1 Sl No.: 3