SRI ABDUL NAZIR MAUDANY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who is accused No.31 in Cr.No.483/08 (C.C.No.23444/ 08) is one of the 32 accused persons against whom a case is registered for the offences punishable under Sections 120- B, 121,121-A, 302, 307, 326, 435 & 201 of IPC, Sections 3, 4, 5 & 6 of the Explosive Substances Act, 1908, Section 4 of the Prevention of Damage to Public Property, 1984 and Sections 3,10,11,13,16,17,18,19 & 20 of the Unlawful Activities (Prevention) Act, 1967, and he is before this Court seeking bail under Section 439 of Cr.P.C.

(2.) BEFORE going to the prosecution case in brief, it has to be mention at the outset that the petitioner moved for anticipatory bail earlier and the said petition was rejected by the Trial Court and this Court and the petitioner moved the Apex Court for anticipatory bail and in the meanwhile, as he was arrested, the petition before the Apex Court became infructuous. The Apex Court while disposing of the petition filed, made observations to the effect that if regular bail application is filed by the petitioner, the same shall be considered on merits without being influenced by the rejection of earlier anticipatory bail petitions. Keeping the aforesaid observations of the Apex Court, I proceed to refer to the prosecution case in brief before dealing with the contentions raised by the learned Senior Counsel appearing for the petitioner and the learned Advocate General appearing for the respondent- State.

(3.) DURING the very same period, bomb blasts were also reported from other parts of the country i.e., from Jaipur, Ahmedabad, Surat and Delhi. The bomb blast at Jaipur took the lives of 63 persons injuring 150. 56 persons lost their lives and 200 were injured on account of the bomb blast at Ahmedabad city. The major catastrophe was averted at Surat city when LED's were traced. Delhi was also not left out of these bomb explosions as on account of the five serial bomb explosion on 13.09.08, 30 persons were killed and 130 persons sustained injuries.