- 1 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.1722/2025 (21(NIA)) BETWEEN: MR.MOHAMMED KALEEM AHMED S/O MOHAMMED JAFFAR AGED ABOUT 71 YEARS R/AT NO.401, 4TH FLOOR HONEY ENCLAVE, NEAR PETROL BUNK SHAMPURA ROAD, GANDHINAGAR K.G. HALLI, BENGALURU – 560 045 …APPELLANT (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS BRANCH OFFICE, BENGALURU 3RD FLOOR, BSNL TELEPHONE EXCHANGE HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 008 REP. BY ITS SUPERINTENDENT OF POLICE …RESPONDENT (BY SRI SACHIN C, ADVOCATE FOR SRI P.PRASANNA KUMAR, SPECIAL PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NATIONAL INVESTIGATION AGENCY ACT, 2008 PRAYING TO SET ASIDE THE ORDER DATED 31.07.2025 (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 AND CONSEQUENTLY APPRECIATE THE APPLICATION UNDER SECTION 439 AT ANNEXURE-D ETC. THIS CRIMINAL APPEAL COMING ON FOR ADMISSION, 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:40581-DB CRL.A No.1722/2025 CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Challenging the rejection of his bail application, the appellant/accused No.19 in Special Case 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 along with 137 other accused is being tried in Special Case No.141/2021 for the charges for the offences punishable under Sections 143, 147, 148, 353, 333, 332, 436, 427 and 149 of IPC, Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’) and Section 2 of the Prevention of Destruction and Loss of Property Act, 1981. 3. Case of the prosecution in brief is as follows: On 11.08.2020 at 8.45 p.m. motivated by extreme religious ideologies accused who were initially about 25 to 30 in number gathered in-front of K.G Halli police station and began shouting slogans demanding the arrest of one P.Naveen, a nephew of Sri Akhanda Srinivasa Murthy, MLA of Pulakeshi - 3 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 Nagar Constituency, Bengaluru alleging posting of a derogatory comment against Prophet Mohammed on his facebook account. By 8.50 p.m. the numbers increased and all accused led by accused No.14 entered the premises of K.G Halli Police Station demanding registration of FIR against P.Naveen and others. By that time on the same allegations, FIR was already registered in Crime No.195/2020 of D.J Halli Police station, Bengaluru. Despite informing that, accused were not convinced. Therefore, K.G.Halli police accepted complaint and registered case in NCR No.384/2020. Despite that, accused and other protesters instigated by prime accused, became unruly and police imposed curfew within the jurisdiction of both K.G Halli and D.J Halli police stations to bring the situation under control. However, accused insisting to handover P.Naveen to their custody, started vandalizing the police station, forcing police to resort to lathi charge. The mob attempted to snatch weapons from the police personnel and kill them, which led to an order to open fire, resulting in death of one person. Rioters damaged 12 government and private vehicles and inflicted injuries on the police personnel. - 4 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 4. At the relevant time and place, accused No.19 was strong supporter and mentor of SDPI, Accused No.20 was active member of SDPI and accused Nos.21 and 22 were active supporters of SDPI. Accused No.24 had joined the said gang near K.G Halli Police Station in conducting conspiracy meeting, then the said gang reached K.G Halli police station. It is alleged that appellant along with other accused set ablaze Innova Car parked near K.G Halli Police Station by pouring petrol on the same. 5. The first bail application of the appellant was rejected by the trial Court. Appellant challenged the same before this Court in Crl.A.No.745/2021 which came to be dismissed on 15.09.2021. He challenged the said order before the Hon’ble Supreme Court in Petition for Special Leave to Appeal (Crl.) No.848/2022 which also came to be dismissed on 28.02.2022. 6. The appellant filed successive bail petition before the trial Court on the ground that there is delay in trial and he is in custody since more than four years. Trial Court by the impugned judgment and order has rejected the said application - 5 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 on the ground that the appellant and his co-accused themselves have contributed for the delay in trial. 7. Sri Mohammed Tahir, learned Counsel for the appellant relying on the judgment of the Hon’ble Supreme Court dated 07.10.2025 in SLP (Crl) No.11626/2025 submits that accused No.24 who was similarly situated had also applied for bail on the ground of delay in trial which was rejected by the trial Court and confirmed by this Court. He submits that the Hon’ble Supreme Court by the aforesaid order has granted bail, based on parity and such subsequent development, the appellant is also entitled for grant of bail. 8. Sri Sachin.C, learned Counsel appearing for Sri P.Prasanna Kumar, learned Special Public Prosecutor for NIA submits that earlier appeal of the appellant was dismissed by this Court on the ground that appellant himself has contributed for delay, therefore, he cannot claim parity. He further submits that if there is any such changed circumstance, the appellant has to approach the trial Court seeking bail. 9. Learned Counsel for the appellant submits copy of the judgment in Crl.A.No.238/2025 (21 (NIA)) dated 01.07.2025. The records show that appellant/accused No.19 - 6 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 and accused No.24 are facing the same allegations of being supporters and mentors of SDPI. It is further alleged that on 11.08.2020 at 8.45 p.m., they mobilized men and attacked K.G.Halli Police Station to get P.Naveen arrested on the ground that P.Naveen made derogatory statement against Mohammed Prophet and they set the vehicles ablaze by pouring petrol. The judgment in Crl.A.No.238/2025 shows that accused No.24 had sought bail on the ground of delay in trial which was declined on the ground that the prosecution is not responsible for delay, but accused themselves are responsible. 10. The order in SLP (Crl) No.11626/2025 shows that the Hon’ble Supreme Court has granted bail to accused No.24 on the ground that he is in custody for more than five years and the trial is not likely to be concluded in near future as 254 witnesses are yet to be examined. In the light of the said judgment, Hon’ble Supreme Court’s which is relevant to this matter, there are no grounds to drive the appellant back to the trial Court to seek relief. Since the appellant is also similarly situated, parity applies and appeal deserves to be allowed. Hence the following: ORDER The appeal is allowed. - 7 - HC-KAR NC: 2025:KHC:40581-DB CRL.A No.1722/2025 The impugned order dated 31.07.2025 is hereby set aside. The appellant is granted bail in Special Case 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 subject to the following conditions: (i) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court; (ii) He shall not indulge in any criminal activities; (iii) He shall furnish his residential address proof; (iv) He shall not leave the country without prior permission of the trial Court; and (vi) He shall appear before the Court whenever required physically/virtually. Communicate copy of this order to the Trial Court and concerned prison forthwith. KSR List No.: 1 Sl No.: 16 Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VENKATESH NAIK T) JUDGE