SALEEM KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by appellant Nos.1 and 2 / accused Nos.11 and 20 respectively under the provisions of sec. 21(4) of National Investigation Agency Act (hereinafter referred to as "NIA Act"), against the order dtd. 29/12/2020 made in Crl.Misc.No.7268/2020 filed by accused Nos.11 and 20, on the file of XLIX Addl. City Civil and Sessions Judge and Special Court for NIA Cases, Bengaluru (CCH-50), Bengaluru, rejecting the application for bail filed by the accused persons under the provisions of sec. 439 of Cr.P.C.

(2.) It is the case of prosecution that one Mr.Niranjan Kumar, Inspector of Police attached to the Economic Offence Wing, CCB, Bengaluru, gave information to Suddaguntepalya Police Station, Mico Layout Sub-Division, Bengaluru City on 10/1/2020 at about 9.00 p.m. On the basis of the said information, a FIR in Crime No.10/2020 came to be registered by Suddaguntepalya Police Station against 17 accused persons for the offences punishable under the provisions of Sec. 153A, 120A, 120B, 122, 123, 124A and 125 of IPC and under the provisions of Sec. 13, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UA (P) Act"). On 22/1/2020, the matter was referred to the National Investigation Agency (hereinafter referred to as "NIA"). Accordingly, on 23/1/2020, the NIA re-registered the case in RC.No.4/2020/NIA/DLI and accused No.11 was arrested on 20/1/2020 and accused No.20 was secured under body warrant on 9/3/2020. After investigation, the Investigation Officer filed the chargesheet on 13/7/2020 against accused Nos.11, 20 and others.

(3.) It is the further case of the prosecution that during the course of investigation, the role of the present appellants i.e., accused Nos.11 and 12 came to light. Accordingly, the Investigation Officer filed chargesheet against accused No.11 for the offences punishable under the provisions of Sec. 18, 18A, 20 and 39 of UA (P) Act and sec. 120B of IPC and against accused No.20 for the offence punishable under the provisions of Sec. 18, 20 and 39 of UA(P) Act and sec. 120B of IPC.