SHOHEB ALI Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.72/2023 is filed by appellants/Accused Nos.21, 29, 30, 31, 87, 132, 137, 139, 146 and 157 and Criminal Appeal No.183/2023 is filed by appellants/Accused Nos.4,8,14, 15, 22, 24, 27, 30, 32, 35, 40, 41, 45, 51, 55, 64, 70, 76, 90, 101, 103, 113, 116, 120, 129, 136, 138, 142, 144, 147, and 148, under Sec. 21(4) of the National Investigation Act, 2008 against the order dtd. 26/12/2022 made in Spl.C.C. No.2263/2022 on the file of XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases)(CCH-50), Bengaluru, rejecting the bail applications filed under Sec. 439 of Code of Criminal Procedure.

(2.) It is the case of the prosecution that on 16/4/2022, at 11.45 p.m., Head Constable No.1328 by name Sri.J.B.Kalappannavar of Old Hubballi Police Station lodged the first information statement with the SHO of Old Hubballi Police Station stating that on 16/4/2022, at 10.30 p.m., when he, along with his colleague i.e., PC 1359, was about to leave the Police Station to attend patrolling duty in their station limits, one Mohammed S/o Azar Beleri, along with 5 to 6 persons had come to the Police Station and lodged the first information statement to take action on the accused who kept the photo as his WhatsApp status on his mobile phone, wherein a Saffron Flag has been hoisted on the doom of the Masjid, which hurt their religious sentiments. By knowing this, some more community members i.e., Mohammed Arif Razvi, Muktum @ Babajan Nalband, Sikkander Makandar, Shabbir Bengaluri, Tajuddin Ballari, Sadik Chajjo, Hajjukhan Dharwad, Mohammed Gouse khalzi and others formed an unlawful assembly of 1000 to 1500 people by holding lethal weapons such as clubs and stones and gathered in front of the Police Station and raised slogans to take stern action against the accused who hurt their religious sentiments. The Police Inspector by name A.G. Chawan along with his staff tried to convince the mob that, a case was already registered, he would arrest the offender and initiate the proper legal action against such person. But the mob started raising slogan against the police that if the police did not arrest the accused, they would not leave anybody, even the police and by saying so, they started obstructing the police in discharging their public duty. Further, the mob, with an intention to commit murder of the Police personnel, assaulted with clubs, pelted stones and threw chappals on the police and caused injuries, destroyed the vehicles of Police and Public and Government properties etc.

(3.) Based on the said information, Old Hubballi Police registered the case in Crime No.63/2022 for the offence punishable under Ss. 123 , 143 , 147 , 148 , 323 , 307 , 324 , 333 , 353 , 504 , 506 , 427 r/w Sec. 149 of IPC, Sec. 3(c) of the PDPP Act and took up the matter for investigation. During the investigation, Ss. 16, 18 and 20 of the UA(P) Act were invoked, the accused persons were arrested, produced before the Court and were remanded to J.C. Later on, investigation of the case has been transferred to the National Investigation Agency (hereinafter referred to as NIA for brevity) established under the NIA Act. On completion of investigation, the Investigation Officer (I.O.) submitted charge sheet before the Special Court. Soon after filing charge sheet, the appellants herein and other accused persons filed bail applications under Sec. 439 of Code of Criminal Procedure seeking for regular bail, which came to be rejected on 26/12/2022 by the trial Court. Hence, these appeals are filed by the appellants/accused persons for grant of bail.