- 1 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 521 OF 2026 (21(NIA)) BETWEEN: ATEEQ AHMED S/O RASHEED AHMED, AGED ABOUT 42 YEARS, R/AT NO.17, 1ST CROSS, NEAR VINAYAKA THEATER, TIPPU NAGAR, BANGALORE-560 018. …APPELLANT (BY SRI. MOHAMMAD TAHIR, ADVOCATE (P/H)) AND: NATIONAL INVESTIGATING AGENCY MINISTRY OF HOME AFFAIRS, BRANCH OFFICE, BENGALURU, # 3RD FLOOR, BSNL TELEPHONE EXCHANGE, HAL 2ND STAGE, INDIRANAGAR, BANGALORE-560 008, REPRESENTED BY ITS SUPERINTENDENT OF POLICE. …RESPONDENT (BY SRI. PRASANNA KUMAR P., SPL. PP (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 THIS CRL.A IS FILED U/S 21(NIA) PRAYING TO SET ASIDE THE IMPUGNED ORDER OF BAIL DATED 26/11/2025 AT ANNEXURE-A, PASSED IN SPL.C.NO.123/2023 BY THE LEARNED 49TH ADDL. CITY CIVIL AND SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OF NIA CASES CCH-50 AT BANGALORE AND ENLARGE THE APPELLANT / ACCUSED NO.27 ON BAIL IN SPL.C.NO.123/2023 FOR THE ALLEGED OFFENCES REGISTERED BY THE RESPONDENT AGENCY UNDER SECTION, 120B, 201 AND 212 OF IPC, AND SECTION 19 OF UA (P) ACT PENDING IN THE FILES LEARNED 49TH ADDL. CITY CIVIL AND SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OF NIA CASES CCH-50 AT BANGALORE. THIS APPEAL, COMING ON FOR ADMISSION, 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) Appellant/accused No.27, in supplementary charge sheet filed by respondent-National Investigating Agency (hereinafter referred to as 'NIA') in FIR No.RC 36/2022/NIA/DLI has preferred this appeal under Section 21(4) of the NIA Act, 2008 praying to set aside the order dated 26.11.2025 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for the trial of NIA Cases) (CCH 50) at Bengaluru in - 3 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 Spl.C.No.123/2023 and consequently to enlarge him on bail. 2. We have heard the learned counsel for appellant, learned Special Public Prosecutor for the respondent/NIA and perused the material on record. Learned Special Public Prosecutor has filed statement of objections. 3. In brief, it is the case of prosecution that the accused were the members of Popular Front of India (for short 'PFI') Organization, now declared as unlawful association. The said organization recruits gullible, disciplined cadres into service teams and they are trained in assault by using sticks, rods, machetes, talwars and knives. They are tasked to identify, list and keep surveillance on RSS leaders and prominent Hindu community leaders in the locality/area. The service team members also work as personal security guards and drivers to leaders of PFI and affiliate organization of PFI. - 4 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 The said organization is involved in violent terror activities with an intent to create reign of terror in the country. 4. On 19.07.2022, one Masood, a resident of Kalanja Village, was assaulted by certain persons belonging to Hindu community. Accused No.4 instructed accused No.1 to form a hit team preferably among members of service team. As per the said instructions, accused No.1 held a conspiracy meeting along with accused Nos.7, 8, 13, 15 and 16 at PFI Office, Allety Cross, Sulia Town. During the said meeting, they decided to identify and list prominent Hindu community leaders in and around Bellary Village. In furtherance of the conspiracy held on 20.07.2022 and on subsequent dates, certain persons were identified as targets. On 26.07.2022, at about 20.30 hours, on collecting information that the deceased Praveen Nettaru was in his chicken shop, accused Nos.1 to 3 reached the shop of deceased in a bike. When the deceased was about to leave the shop, - 5 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 accused Nos.1 and 3 attacked him with lethal weapons and escaped from the scene of crime. 5. It is the further case of the prosecution that after the crime was committed, accused No.20 harboured accused Nos.1 to 3 in one of his friend's house. Further, accused No.20 conspired with accused Nos.22 and 24 to harbour accused Nos.1 to 3. In furtherance of conspiracy, accused No.22 visited one Aashiyana Residency/Lodge and made arrangements for harbouring the assailants namely accused Nos.1 to 3. Thereafter, accused Nos.22 and 24 helped accused Nos.1 to 3 to move from Madikeri and harboured them in the said lodge in Koppa Village of Mysuru District, while accused No.22 provided food to the said assailants. On 30.07.2022, accused No.22 along with accused No.24 shifted the assailants from Aashiyana Lodge to one V.K.Farm home stay in Talavadi taluk of Erode District, Tamil Nadu and then to a farm house near Chamarajanagar town. The said accused Nos.1 to 3 were arrested on 11.08.2022. After their arrest, accused Nos.22 - 6 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 to 24 alleged to have reduced the usage of the mobile numbers used during harbouring and then switched off their mobile numbers to avoid detention. 6. Initially, charge sheet was filed against accused Nos.1 to 20, showing 06 of the accused as absconding and second supplementary charge sheet was filed against accused Nos.25 and 26. 7. The appellant/accused has been arraigned as accused No.27 in the third supplementary charge sheet. It is contented by the learned Special Public Prosecutor that the appellant was absconding and evading arrest and he was later arrested on 20.01.2025. 8. The role attributed to the appellant-accused No.27 is that he is a Member of PFI organization in Tippu Nagar, Bengaluru City, he conspired with accused No.28, head of PFI Service Teams in Bengaluru City and harboured one of the accused by name Mustafa Paichar, arraigned as accused No.4 at Chennai, in order to assist - 7 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 him from evading arrest by NIA. It is alleged that the appellant has voluntarily transferred accused No.4 to Chennai during August 2022 and further between August 2022 to November 2023, he was in contact with accused No.4 and travelled to Chennai to provide financial support. 9. The learned Special Public Prosecutor contended that while the appellant was absconding, he has destroyed the evidence available in his phone and knowingly threw his mobile phone into Vrushabhavathi river, Bengaluru city with an intention of destroying the evidence. 10. Application seeking bail has been rejected by the Special Court. While dismissing the petition, the Special Court took into consideration that the bail petition of accused No.26 who was similarly placed as accused No.27 was dismissed by this Court in Crl.A.No.557/2025 and the bar imposed under Section 43(d) of The Unlawful Activities (Prevention) Act, 1967 (for short 'UAPA Act') would be applicable to the present case. - 8 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 11. The learned counsel for appellant has brought to the notice of the Court that accused No.26 has challenged the order passed by this Court rejecting his bail petition before the Hon'ble Apex Court in SLP No.10759/2025 and the Hon'ble Apex Court has allowed the said petition and enlarged him on bail vide order dated 12.03.2026. A copy of the order passed by the Hon'ble Apex Court is furnished at Annexure-E. 12. The specific allegations against the appellant, arraigned as accused No.27 is that he conspired with accused No.28 to transport and harbour accused No.4 with an intention to protect him from arrest and transported him to Chennai in the year 2022 and further, between August 2022 to November 2023 he continued contacting the said accused and provided financial support and also threw his mobile phone with an intention of destroying the evidence. - 9 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 13. It is not in dispute that even against accused No.26 similar allegations are made that he has harboured one of the accused i.e., accused No.20. The Apex Court, while disposing of the petition filed by accused No.26 took into consideration the specific allegations coupled with the attending circumstances that the trial would take a substantial amount of time to conclude. 14. Having perused the entire material on record and in light of the order passed by the Hon'ble Apex Court and taking into consideration that the appellant is similarly placed as accused No.26, we are of the view that appellant/accused No.27 is also entitled for bail on the ground of parity on the same terms and conditions. Hence, we pass the following: ORDER i. Appeal is allowed. ii. The Order dated 26.11.2025 passed by the Court of XLIX Additional City Civil and Sessions Judge - 10 - HC-KAR NC: 2026:KHC:19353-DB CRL.A No. 521 of 2026 (Special Court for the Trial of NIA cases) (CCH-50) at Bengaluru in Spl.C.No.123/2023 is set aside. iii. Appellant/accused No.27 is ordered to be released on bail subject to the same terms and conditions imposed as against accused No.26, to the satisfaction of the trial Court. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (VENKATESH NAIK T) JUDGE TL List No.: 1 Sl No.: 25