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2026 DAILYLAW 1589 (KAR)

MUHAMMAD IBRAHIM SHA v. NATIONAL INVESTIGATION AGENCY

CRL.A/665/2026 · 2026-04-09

Mohammad Nawaz, Venkatesh Naik T

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 665 OF 2026 BETWEEN: MUHAMMAD IBRAHIM SHA, S/O MOHAMMED M.A, AGED ABOUT 26 YEARS, R/AT JEERMUKI HOUSE, NEELLURUKEMRAJE VILLAGE AND POST, SULLIA TALUK, DAKSHINA KANNADA - 574 248. …APPELLANT (BY SRI. MOHAMMAD TAHIR, ADVOCATE (P/H)) AND: NATIONAL INVESTIGATION AGENCY REPRESENTED BY ITS SUPERINTENDENT OF POLICE BRANCH OFFICE, BENGALURU NO.3RD FLOOR, BSNL TELEPHONE EXCHANGE, HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 008. …RESPONDENT (BY SRI. P. PRASANNA KUMAR, SPL.PP (P/H)) THIS CRL.A IS FILED U/S 21(4) OF NIA ACT PRAYING TO SET ASIDE THE ORDER DTD 07.04.2026 PASSED BY THE HON’BLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA CASES), (CCH-50), BENGALURU IN SPL.C.NO.123/2023 AT ANNEXURE-A AND Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 CONSEQUENTLY TO APPRECIATE THE APPLICATION FILED BY THE APPELLANT AT ANNEXURE-D AND GRANT INTERIM BAIL FOR A PERIOD OF 15 DAYS FROM 11.04.2026 TO 25.04.2026 WHEREIN THE APPELLANT ARRAYED AS ACCUSED NO.15 FOR THE OFFENCES P/U/S 120B, 153A, 302 R/W 34 OF IPC, SEC. 16, 18 AND 20 OF UAPA, PENDING IN THE FILE OF HON’BLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA CASES), (CCH-50) IN SPL.C.NO.123/2023, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) Order dated 07.04.2026 passed by the Court of XLIX Additional City Civil and Sessions Judge, (Special Court for the Trial of NIA cases), (CCH-50) at, Bengaluru, in Spl.C.No.123/2023 is assailed in this appeal preferred by the appellant / accused No.15, under Section 21(4) of the National Investigation Agency Act, 2008. 2. The appellant preferred an application under Section 439(1) of Cr.P.C. seeking interim bail for a period of 15 days from 11.04.2026 to 25.04.2026 for the purpose - 3 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 of attending the marriage of his sister and on further ground that his father is aged about 76 years and he is suffering from cervical Spondylodiscitis with compressive myelopathy and myelitis and currently his father is not able to perform the ritual. 3. The trial Court vide impugned order rejected the application seeking interim bail, however, permitted the accused to attend the Nikah/marriage ceremony of his sister from 10:00 a.m to 04:00 p.m. on 12.04.2026 with a condition that he shall pay the escort charges in advance as estimated by the Jail Authorities. 4. The learned Spl. PP contended that the trial Court has granted the relief to the appellant permitting him to attend the marriage of his sister and therefore, there is no necessity to entertain the appeal. He contended that the offence committed by the appellant is serious in nature and if the appellant is enlarged on bail, there are chances of fleeing from justice. - 4 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 5. The appellant is arraigned as accused No.15 in the case pending in Spl.C.No.123/2023 on the file of the Court of XLIX Additional City Civil and Sessions Judge, (Special Court for the Trial of NIA cases), (CCH-50) at, Bengaluru. Charge sheet is filed for the offences punishable under Section 120B, 153A, 302 read with Section 34 of IPC and Section 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. 6. At this stage we restrain from discussing the merits of the case, as the prayer is to release the appellant on bail for a limited period, to attend the marriage of his sister. The fact that the marriage of his sister is fixed on 11th to 13th of April, 2026 is not disputed. Copy of the marriage certificate is produced at Annexure-C. The Special Court while permitting the appellant to attend the marriage ceremony has also directed him to pay escort charges in advance as estimated by the Jail Authorities. - 5 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 7. Appellant has undertaken to furnish sufficient surety to ensure his surrender before the Trial Court. The appellant is in judicial custody from 05.11.2022. There is no allegation or complaint against the conduct of the appellant in the jail. In the given facts and circumstances and on humanitarian consideration, we are inclined to release the appellant on bail for a limited period, to attend the marriage ceremony of his sister, scheduled from 11th to 13th of April, 2026, imposing appropriate conditions. Accordingly, the following:- ORDER i) The order dated 07.04.2026 passed by the court of XLIX Additional City Civil and Sessions Judge (Special Court for the Trial of NIA cases), (CCH-50) at, Bengaluru), in Spl.C.No.123/2023 is hereby set aside. ii) Appellant / accused No.15 is directed to be released on bail on his executing a bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial court. - 6 - HC-KAR NC: 2026:KHC:19781-DB CRL.A No. 665 of 2026 iii) Appellant shall surrender before the trial Court on or before 11:00 a.m. on 15th April 2026. iv) He shall furnish the contact number and residential address proof and shall be available to the Investigating Officer whenever his presence is necessary. Appeal is disposed of. I.A.No.1/2026 is disposed of. Registry is directed to communicate this order to concerned Court as well as Jail Authority. Hand delivery of this order is permitted. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (VENKATESH NAIK T) JUDGE LDC List No.: 1 Sl No.: 21