FIROZ PASHA Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This appeal is filed by the accused No.7 under Sec. 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as 'the Act') challenging the order dtd. 2/11/2023 passed by the XLIX Addl. City Civil and Sessions Judge, (Special Court for Trial of NIA cases) at Bengaluru in Spl.C.No.141/2021 and further prayer to grant bail to the appellant.

(2.) Brief facts leading to filing of this appeal are that on 11/8/2020 around 8.45 p.m. a group of 25-30 persons gathered in front of Kadagondanahalli police station (hereinafter referred to as the 'K.G.Halli police station') and started shouting slogans demanding the arrest of one Naveen, nephew of Sri.Akanda Srinivasa Murthy, MLA who had posted derogatory message on his facebook account against Prophet Mohammad. Under the leadership of Syed Ikramuddin, others entered K.G.Halli police station demanding for registration of FIR against Naveen and others. Police received the complaint and registered NCR No.384/2020 for the purpose of conducting preliminary enquiry as D.J.Halli police had already registered the crime against Naveen for the said incident as FIR No.195/2020. The said fact had also been informed to the complainant and others who had come to the K.G.Halli police station.

(3.) It is the case of the prosecution that the gathering in front of K.G.Halli police station started increasing gradually, became violent considering the violent situation which had already erupted at D.J.Halli police station area. On 11/8/2020 at around 9 p.m., the Commissioner of Police, Bengaluru City, imposed curfew under the limits of D.J.Halli and K.G.Halli police stations with a view to control and avoid public gathering. K.G.Halli police made a public announcement of imposition of curfew. However, the gathering did not heed to the announcement and started mobilizing more people in front of the K.G.Halli police station. The assembly became unlawful, mob turned unruly and intensified their protest by shouting slogans which turned to violent activities. They started pelting stones on K.G.Halli police station, attacked police personnel on duty as well as innocent public who came to the aid of police. The mob carrying stones, iron rods, wooden sticks, improvised petrol bombs and other weapons became more violent and started vendalising, burning Government vehicles as well as private vehicles parked near the K.G.Halli police station. The mob demanded handing over of Naveen to them as they wanted to kill him. The police made their best efforts to control the mob. However, the aggressive mob was not ready to obey the orders of law enforcement agency. They entered the police station premises with deadly weapons and petrol filled in improvised plastic covers and bottles and continued attacking K.G.Halli police station. The mob created horrifying and terror situation in the area. The police resorted to lathi charge and subsequently police fired tear gases. However, the situation could not be controlled. The mob became more aggressive, started attacking police personnel on duty, the Government and public properties on a large scale were set ablaze and injury was caused to the police personnel on duty. The police, in order to curb the unlawful act of the gathering and after warning over the public announcement system, fired two rounds in the air with their service weapons to disburse the mob. However, the members of the mob tried to snatch the weapons of the police personnel, attempted to kill the police personnel, set fire on public and private properties and parked vehicles. During the gun fire, one person among the mob who was injured, later succumbed to the injuries in the hospital. The mob damaged 12 vehicles including two wheelers and four wheelers, burnt police station by causing damage to the public and private properties on a large scale. K.G.Halli police, based on the written complaint of the Police Inspector registered the crime in FIR No.229/2020 on 12/8/2020 under Ss. 143, 147, 148, 149, 332, 333, 353, 427 and 436 of IPC and Sec. 4 of Prevention of Damage to Public Property Act, 1984 against Syed Abbas and others including other unknown individuals. The Investigating Agency, after obtaining approval from the competent authority and the permission of the Court, on 17/8/2020 invoked Ss. 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the 'UAP Act').