MOHAMMED SHARIFF Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) Petitioner/accused No.25 is before this Court calling in question order dtd. 12/2/2021 passed by the XLIX Additional City Civil and Sessions Judge & Special Judge for NIA Cases at Bangalore in Special C.C.No.141 of 2021 - Cr.No.RC- 35/2020/NIA/DLI for offences punishable under Ss. 15 , 16 , 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 ('the Act' for short), Ss. 143 , 147 , 148 , 353 , 333 , 332 , 436 , 427 and 149 of the IPC, and Sec. 4 of the Prevention of Damage to Public Property Act, 1984, registered in Crime No.229 of 2020 of Kadugondanahalli ('K.G.Halli' for short) Police Station. By the said order, the learned Special Judge takes cognizance of the aforesaid offences against several accused including the petitioner.

(2.) Shorn of unnecessary details, the facts in brief, as projected by the prosecution, are as follows:- It is the case of the prosecution that on 11/8/2020, one Naveen posts a defamatory statement on social media against Prophet Mohammed. The said statement was circulated, due to which, on the same day at about 7.30 p.m. people started gathering in front of Devarajeevanahalli ('D.J.Halli') and K.G.Halli Police Stations. At about 8.00 p.m., the house of local Member of the Legislative Assembly was ransacked; the allegation was that, it was brunt as well by hundreds of people coming within the limits of both D.J.Halli and K.G.Halli Police Stations. On the said incident, a crime comes to be registered in Crime No.219 of 2020. At 8.15 p.m. on the same day, the house of Naveen who had posted on the social media was also ransacked by hundreds of people. This comes to be registered as crime in Crime No.208 of 2020. At about 11.00 p.m., hoards of people gathered in front of K.G.Halli Police Station demanding arrest of Naveen P., the nephew of R. Akhanda Srinivasamurthy, Member of Legislative Assembly from Pulakeshinagar. The ground of demand for arresting was derogatory remarks made in the face book account. Despite earlier complaint and a complaint against Naveen being lodged, the mob that gathered in front of K.G. Halli Police Station did not disperse. The Police had to resort to lathi charge. It is at that point in time, it is alleged that the mob started attacking the police and public properties on a large scale and damaged several public and private properties, which happened notwithstanding imposition of prohibition under Sec. 144 of the Cr.P.C. in and around the Police stations i.e., both D.J.Halli and K.G.Halli. The violence of the mob escalated and the accused are alleged to have pelted stones around the place of the Police Stations and on the public properties in and around the Police Stations. It is further alleged that people shouted slogans, police station was attacked and the police personnel, who were all on duty were beaten. The unruly mob did not stop. They started vandalizing police station and setting on fire the vehicles parked in front of the K.G.Halli Police Station and other places nearby police station.

(3.) The persons gathered there, were alleged to be possessing iron rods, wooden sticks, inflammable substances, stones and other weapons. Despite the efforts made by the Police, the mob refused to disperse and continued with the violent acts, during which, 12 vehicles were alleged to have been damaged. This becomes a crime in Crime No.229 of 2020 registered on 12/8/2020, the next day initially against 14 accused. Later on, several accused were added for the offences punishable under the provisions of the IPC , which were Ss. 143 , 147 , 148 , 332 , 353 , 333 , 436 , 427 and 149 of the IPC and Sec. 4 of the Prevention of Damage to Public Property Act, 1984. Later on, it appears that provisions of Ss. 15 , 16 , 18 and 20 of the Act were invoked and the matter was handed over to the National Investigating Agency ('NIA' for short).