- 1 - HC-KAR NC: 2025:KHC:50758-DB CRL.A No.2304/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.2304/2025 (21(NIA)) BETWEEN: MR. SHEIKH EJAZ ALI S/O SHAIK SADIQ ALI AGED ABOUT 49 YEARS R/AT, NO.5-993-61-D MEHABOOB NAGAR NEAR TIPPU SULTAN CIRCLE RING ROAD KALABURAGI DISTRICT – 585 104 …APPELLANT (BY SRI.MOHAMMED TAHIR, ADVOCATE) AND: THE NATIONAL INVESTIGATION AGENCY BENGALURU (K G HALLI POLICE STATION, BENGALURU) REPRESENTED BY SPECIAL PUBLIC PROSECUTOR BENGALURU – 560 001 …RESPONDENT (BY SRI.SACHIN C., ADVOCATE FOR SRI.P.PRASANNA KUMAR, SPL. PP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NIA ACT 2008 PRAYING TO SET ASIDE THE ORDER DATED 10.11.2025 PASSED BY THE XLIX ADDL.CITY CIVIL AND SESSIONS JUDGE, (SPL.JUDGE FOR TRAIL OF NIA CASES) (CCH-50) BENGALURU IN SPL.C.NO.744/2023 AT ANNEUXRE-A AND CONSEQUENTLY APPRECIATE THE APPLICATION U/S 439(1) FILED BY THE APPELLANT AT ANNEXURE-B AND ETC. THIS 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:50758-DB CRL.A No.2304/2025 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) Learned Special Public Prosecutor submits the report of the Police Inspector, K.G. Halli Police Station, Bengaluru along with letter of one Dr.Ratkal Kedarnath addressed to the said Police Inspector and copies of medical records. 2. Heard both sides. 3. The appellant was accused No.3 in Special Case No.744/2023 on the file of XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases), Bengaluru. The appellant and other accused have been charge sheeted in the said case for the offences punishable under Sections 120B, 153A of IPC and Section 13, 17, 18 of Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’) on the allegation that in reaction to the enactment of CAA, NRC and destruction of Babri Masjid, entered into a conspiracy to bring Islamic rule in India and to indulge in Jihadi activities against the Government etc. The appellant was - 3 - HC-KAR NC: 2025:KHC:50758-DB CRL.A No.2304/2025 arrested and his bail application was rejected by the Trial Court on merits. He did not question the said order and the said order attained finality. 4. Appellant filed application before the Trial Court seeking interim bail on the ground that his daughter requires to undergo surgery for the accidental nasal injury suffered by her and his presence is required to attend to her. The Trial Court by the impugned order has rejected the said application on the ground that the medical records did not refer to the requirement of surgery. Challenging the said order the above appeal is filed. 5. On the requisition of this Court regarding authenticity of the medical records, learned Special Public Prosecutor through concerned Police secured the medical report along with medical certificate of the doctor who treated the daughter of the appellant and placed before this Court. The said records show that the appellant’s daughter underwent surgery on 12.11.2025 for fracture of - 4 - HC-KAR NC: 2025:KHC:50758-DB CRL.A No.2304/2025 her nasal bone and she was discharged from hospital on 14.11.2025. 6. The report of the concerned police shows that when police had gone for verification, it was reported that after discharge, the daughter of the appellant is staying with her maternal grand parents in Bidar. Thus the necessity on which bail was sought no more exists. However, the fact remains that the appellant’s daughter had suffered fracture and she underwent surgery for that. Considering the same, on humanitarian grounds and for lending emotional support to the daughter of the appellant and their family, it would be just and proper to grant him bail for 7 days as prayed in the appeal memo, with suitable conditions. Hence the following: ORDER i) Appeal is allowed. ii) The impugned order dated 10.11.2025 in Spl.Case No.744/2023 passed by XLIX Addl. City Civil & Sessions Judge (Special Court for trial of NIA cases) is hereby set aside. - 5 - HC-KAR NC: 2025:KHC:50758-DB CRL.A No.2304/2025 iii) Appellant is granted bail for 7 days subject to the following conditions: a) 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. b) He shall furnish his residential address proof during the period of interim bail and phone number to contact him. c) He shall not indulge into any criminal activities. d) He shall surrender before the Trial Court on the eighth 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/- (VENKATESH NAIK T) JUDGE AKC List No.: 1 Sl No.: 16