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High Court of Karnataka · body

2025 DAILYLAW 77587 (KAR)

MR MUHAMMED IDRIS v. STATE OF KARNATAKA

CRL.A/325/2025 · 2025-09-17

K S Mudagal, M G S Kamal

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37039-DB CRL.A No.325/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 325/2025 (21(NIA)) BETWEEN: MR MUHAMMED IDRIS @ IDRIS @ ERDISH KHAN AGED ABOUT 33 YEARS, S/O MOHAMMED ALI C/O BEERAPPA ANANDPURA RAMAMURTHY NAGAR, MARAGONDANAHALLI ROAD, HORAMAVU,BANGALORE-560036 PERMANENT ADDRESS (AS ALLEGED IN THE CHARGESHEET AAMRAGAZIA VILLAGE RANDA THANA BHAGERATH DIST KHULNA DIVISION BANGLADESH-9300 … APPELLANT (BY SRI. RAKSHITH R.,ADVOCATE) AND: STATE OF KARNATAKA BY NATIONAL INVESTIGATION AGENCY BRANCH OFFICE BENGALURU REP BY SPP HIGH COURT OF KARNATAKA BENGALURU – 01 …RESPONDENT (BY SRI.SACHIN C, ADV. FOR SRI PRASANNA KUMAR P., SPL.PP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NIA ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.11.2024 PASSED BY XLIX ADDL.CITY CIVIL AND SESSIONS COURT FOR THE TRIAL OF NIA CASES, BENGLAURU IN Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37039-DB CRL.A No.325/2025 SPL.C.NO.187/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 370(3),120(B) OF IPC ALONG WITH SEC.14,14(A)(b),14(C) OF THE FOREIGNERS ACT AND SEC.3 OF THE PASSPORT ENTRY IN TO INDIA ACT 1920 R/W RULE 6 OF THE PASSPORT RULES 1950 AND ENLARGE THE APPELLANT ON BAIL. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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) Learned counsel for the appellant submits the charge sheet relating to accused Nos.1 to 12 and copies of Voter ID Card, Aadhar Card and ID cards issued to appellant by BBMP, Rashtriya Swasthya Bima Yojana. 2. Heard both side. 3. Appellant is accused No.14 in Spl.Case No.187/2024 on the file of XLIX Addl. City Civil and Sessions Judge (Special Court for trial of NIA cases), (CCH 50) Bengaluru. 4. Appellant and 13 other accused are being tried in the said case on the charge that the accused are part of Transnational Human Trafficking Network having linkages with facilitators and traffickers based in Assam, Tripura and - 3 - HC-KAR NC: 2025:KHC:37039-DB CRL.A No.325/2025 Bangladesh. It is alleged that the appellant is a Bangaladeshi national and infiltrated into India 10 years back. He fraudulently obtained identity documents like Aadhar card, ration card etc and became part of the racket trafficking Bangladeshi nationals into India illegally. It is further alleged that he has secured waste segregation contract from BBMP, set up temporary constructed sheds, confined 15-20 trafficked Bangladeshi families and has been exploiting them extracting more work paying meagre wages. 5. Learned counsel for the appellant relying on the judgment of the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.17376/2024 submits that similarly situated accused No.6 in the case has been granted bail by the Hon’ble Supreme Court. He seeks bail to the appellant on the ground of parity. 6. The charge sheet records show that the allegation against the appellant and accused No.6 are similar. Hon’ble Supreme Court, considering that accused No.6 was running an industrial unit in Bengaluru since 15 years and there is no flight risk, has granted bail to accused No.6. According to the prosecution itself, in the present case, appellant is in Bengaluru - 4 - HC-KAR NC: 2025:KHC:37039-DB CRL.A No.325/2025 since 10 years and in waste segregation business by setting up sheds. Under the circumstances, he is entitled to bail on the ground of parity on the same conditions. Hence the following: ORDER The appeal is allowed. Appellant herein/accused No.14 in Spl.C.No.187/2024 before the Trial Court is granted bail in the said case subject to the following conditions: i) He shall execute the 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 appear before the Court as and when required. iii) He shall not tamper the witnesses by threat, inducement or in any manner. iv) He shall visit the office of the NIA in Bangalore once in a week to enable the Agency to ascertain his whereabouts; v) His passport shall remain seized with the trial court; vi) Within one week from the date of his release, he shall submit list of all the employees/workers employed in his industrial unit to the NIA along with identity proofs, and in the event of relieving or new engagement of an employee, he shall furnish the - 5 - HC-KAR NC: 2025:KHC:37039-DB CRL.A No.325/2025 relevant particulars to the NIA within 24 hours from such appointment/relieving; and (vii) He shall not leave Bengaluru without prior permission of the NIA. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE AKC List No.: 1 Sl No.: 7