- 1 - HC-KAR NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.1345 OF 2025 (21(NIA) ) BETWEEN: MOHAMMED MILON BISWAS @ MELAN S/O. KHALEEL BISWAS AGED ABOUT 41 YEARS RESIDING AT NO.9, DAYANANDA NILAYA BHAGYA LAYOUT, TC PALYA BENGALURU-560 049. RESIDING AT ADDRESS CHUNGAJAN PO, GOLAGHAT DISTRICT ASSAM-785 702. …APPELLANT (BY SRI RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA BY NATIONAL INVESTIGATION AGENCY HYDERABAD, CAMP AT BENGALURU. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR. …RESPONDENT (BY SRI PRASANNA KUMAR P., SPECIAL PUBLIC PROSECUTOR) * * * THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NATIONAL INVESTIGATION AGENCY ACT, 2008 PRAYING TO SET ASIDE THE ORDER BY TRIAL COURT IN SPL.C.NO.1416 OF 2021 DATED 18-12-2021 AND TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE APPELLANT ON BAIL IN SPL.C.C.NO.1416 OF 2021 ARISING OUT OF CRIME NO.185 OF 2021 WHICH IS RE-REGISTERED AND NUMBERED AS R.C.NO.16/2021/NIA/DLI DATED 13-7-2021 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 370, 343 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025 READ WITH 149 OF IPC, SECTION 14 OF FOREIGNERS ACT AND SECTIONS 3, 4, 5, 6 AND 7 ITP ACT OF NATIONAL INVESTIGATION AGENCY, PENDING ON THE FILE OF XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES), BENGALURU (CCH-50), WHEREIN THIS APPELLANT ARRAYED AS ACCUSED NO.13. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE H.P.SANDESH) Heard the learned counsel for the appellant and the learned counsel appearing for the respondent. The learned counsel for the respondent has filed a detailed statement of objections along with documents. It is brought to the notice of this Court that a similar application filed by accused No.14 was earlier rejected by this Court vide order dated 30.10.2024 in Criminal Appeal No.7/2024 (Annexure-R3). 2. It is further brought to the notice of this Court that after the passing of the impugned order, the present appeal was filed and subsequently another application was filed before the trial Court in Crl. Misc No.1885/2022, which also came to be rejected by order dated 10.03.2022. In view of the same, it - 3 - HC-KAR NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025 is contended that the present appeal has become infructuous and that the subsequent attempt made by the appellant was also turned down by the trial Court. 3. At this juncture, the learned counsel for the appellant submits that the appellant may be permitted to withdraw the appeal with liberty to approach the trial Court. The learned counsel for the respondent submits that out of 130 witnesses, 80 witnesses have already been examined and it is in the end of the trial. 4. Having taken note of the aforesaid submissions, the appellant is permitted to withdraw the appeal with liberty to pursue the remedy before the trial Court, if appellant chooses. Accordingly, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 14