- 1 - CRL.A No.1473/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MRS. JUSTICE P SREE SUDHA CRIMINAL APPEAL NO.1473/2025 (21(NIA)) BETWEEN: MEHBOOB PASHA @ ABDULLAH S/O BURHANUDDIN AGED ABOUT 53 YEARS R/AT 6TH MAIN, NEAR GAS BANK BANNERGHATTA ROAD GURAPANAPALYA BANGALORE-560 029 IN JUDICIAL CUSTODY AT CHENNAI …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-560008 REP. BY ITS SUPERINTENDENT OF POLICE …RESPONDENT (BY SRI. NITIN GOWDA, ADVOCATE FOR SRI. P. PRASANNA KUMAR, SPL SPP) THIS CRIMINAL APPEAL IS FILED U/S 21(4) OF NIA ACT, 2008 PRAYING TO MODIFY THE ORDER DATED 15.07.2025 PASSED BY THE HON'BLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA CASES), (CCH-50), BENGLAURU IN SPL.C.NO.320/2020 AT ANNEXURE-A AND ETC. THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED - 2 - CRL.A No.1473/2025 ON 21.07.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Challenging the order passed on his application for interim bail, accused No.1 in Spl.C.No.320/2020 on the file of XLIX Addl City Civil and Sessions Judge (Spl Judge for trial of NIA cases), Bengaluru has preferred this appeal. 2. The appellant and 22 others are being tried in the said case for the offences punishable under Sections 153A, 121A, 122, 123, 124A, 125 read with Section 120B of IPC and Sections 13, 18 and 20 of Unlawful Activities Prevention Act, 1967 (‘UAP Act’ for short) on the basis of charge sheet filed by NIA. 3. It is alleged that the appellant and his co-accused motivated by fanatic religious ideologies formed terrorist gang by name Al Hind, joining hands with the terrorist organization by name Islamic State of Iraq and Syria (ISIS), hatched conspiracy to break the sovereignty of India and to establish - 3 - CRL.A No.1473/2025 Islamic Caliphate. It was further alleged that to break the unity and security of India, they mobilized funds, fetched arms and ammunitions, indoctrinated the muslim youth to indulge in terrorist activities and in that direction were training them in martial arts and weapons’ handling etc. They have built up terrorist groups to carry out attack on public transport, made preparations to attack Hindu leaders, Police Officials and high profile individuals in Karnataka and Tamil Nadu. 4. The appellant was also involved in Spl.S.C.No.24/2022 on the file of Special Court under the NIA Act for exclusive trial of Bomb blast cases in Chennai as accused No.4. In that case it was alleged that in execution of such terrorist acts motivated by the religious ideologies, accused No.1 therein and others committed murder of Police Inspector by name Wilson when he tried to check them while they were carrying arms. In that case it was alleged that the appellant harboured those assailants providing them shelter in Bengaluru. 5. In Spl.SC No.24/2022 appellant filed application for interim bail for the purpose of attending his daughter’s marriage which was allegedly scheduled on 26th and 27th of July 2025. The said Court by order dated 30.06.2025 has granted - 4 - CRL.A No.1473/2025 interim bail for 15 days from 6.00 am. of 23.07.2025 till 3.00 p.m. of 06.08.2025 with certain conditions. 6. Based on the above said order on 01.07.2025 the appellant filed similar application in Spl.C.No.320/2020 seeking interim bail for the same period of 15 days. The trial Court by the impugned order has partly allowed the said application in the following terms: “ORDER The application filed under Section 439(1) of the Cr.P.C., by accused No.1 is hereby partly allowed. Accused No.1 is permitted to attend the Nikha Ceremony of his daughter at Masjid-e-Salfiya, Gurappanapalya Main Road, Bengaluru-560029 on 26.07.2025 from 12.30 p.m. to 08.00 p.m. and to attend the Reception ceremony of his daughter at B.A.K. Palace, Opposite Spar Hyper Market, Krishnappa Garden, Bannerghatta Main Road, Bengaluru, on 27.07.2025 from 04.00 p.m. to 10.00 p.m. with proper escort. Accused No.1 is directed to pay the escort charges in advance as estimated by the Jail Authorities. The Superintendent of Central Prison-II, Puzhal, Chennai is hereby directed to take accused - 5 - CRL.A No.1473/2025 No.1 to the venue of Nikha Ceremony on 26.07.2025 and permit him to attend the Nikha Ceremony of his daughter from 12.30 p.m. to 08.00 p.m. and take accused No.1 to the venue of Reception Ceremony of his daughter on 27.07.2025 and permit him to attend the Reception Ceremony of his daughter from 04.00 p.m. to 10.00 p.m. with proper escort. The escort police are hereby directed not to wear uniform and not to handcuff accused No.1 at the venue of Nikah and Reception ceremonies. The escort police are hereby permitted to keep accused No.1 in the local Police Station in the intervening period, if necessary. Office is hereby directed to intimate the same to the concerned.” 7. The trial Court has held that considering the gravity of the offence, accused is not entitled to interim bail for such period, however on humanitarian ground, he is permitted to attend the marriage on 26th and 27th of July 2025. 8. The main contention of counsel for the appellant is that the NIA has not challenged the order of the Special Judge, Chennai passed in Crl.M.P.No.213/2025 arising out of Spl.S.C.No.24/2022, therefore, it was not open to the respondent to oppose such application before the Trial Court in - 6 - CRL.A No.1473/2025 this matter. Whereas learned Special Public Prosecutor submits that the Trial Court looking into the material before it has rightly exercised the discretion to grant interim bail for limited time of 2 days. Therefore, there are no grounds to interfere. 9. Admittedly, the appellant was involved in two serious cases on the allegation of indulging in terrorist activities. Having regard to the nature of the offence and material available against him he was not granted bail for all these years. As rightly pointed out by the Trial Court the order of the Spl. Judge, Chennai binds neither the trial Court nor this Court. Therefore, even assuming that the said order is not challenged by the NIA, the same is inconsequential for this appeal. 10. The purpose of interim bail as mentioned in para 4 of the bail application itself is that he has to attend the rituals and tradition as father of the bride and has to be present in Nikha ceremony and wedding reception. Considering the same the trial Court has allowed him to attend those programmes. However, the trial Court though noticed that appellant is lodged in Central Prison-II, Puzhal, Chennai, has not granted bail for the required journey time. Therefore, the order requires to be modified only to that extent. Hence the following: - 7 - CRL.A No.1473/2025 ORDER Appeal is partly allowed. The impugned order passed by the XLIX Addl. City Civil & Sessions Judge and (Spl Judge for trial NIA cases), Bengaluru in Spl.C.No.320/2020 is modified as follows: Accused No.1 is granted interim bail in the matter from 10.a.m. of 25.07.2025 till 10.am of 28.07.2025 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) Throughout the bail period, he shall be under strict escort. c) He shall deposit escort charges before the Trial Court. d) On such deposit, the Central Prison-II Puzhal, Chennai in coordination with the Police force of Tamil Nadu and Karnataka arrange for journey of accused No.1 from Chennai Prison to the venue of marriage/reception/residence of accused No.1 in Bengaluru and back to Chennai Prison. e) Escort Police shall not subject him to hand cuffs at the venue of marriage/reception/at his residence - 8 - CRL.A No.1473/2025 except as provided under Section 43 of Bharatiya Nagarik Suraksha Sanhita, 2023. f) During the aforesaid period, he should be under the vigil of jurisdictional Police. Communicate the copy of this order to the Trial Court and concerned Prison. Hand delivery of the order is permitted. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (P SREE SUDHA) JUDGE akc