MEHBOOB BAGALKOTE @ BABA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Section 21 (4) of National Investigation Agency Act, 2008 against the order dated 9.09.2015 passed by Special Court for National Investigation Agency Act cases (Hereinafter referred to as 'the NIAA cases') , Bangalore in Special C.C.No.52/2013. By the impugned order dated 9.09.2015, the application filed by the appellant herein (accused No.12) for bail is rejected.

(2.) The records reveal that the police after Investigation in Crime No.384/2012 at Basaveshwaranagar Police Station in R.C.No.4/2012 have laid the charge-sheet against the accused including the appellant herein for the offences punishable under Sections 120-B, r/w 153-A and 399 of IPC and under Sections 18 r/w Sections 10, 13, 17 and 38 of the Unlawful Activities (Prevention) Act, 1967 with the allegation that the appellant had conspired with other accused to terrorize and commit the unlawful activities of causing harm to the life of important Hindu personalities and police officers; such act of the accused including the appellant herein amounts to terrorist act. Initially the police inspectors CCB Police, after registration of the crime, Bangalore, arrested the appellant herein on 30.8.2012 from his house; during the course of investigation a mobile phone and ATM Card were seized; the mobile phone is of Spice M-5700 and it had two S I M cards one of Uninor and another one of Vodafone.

(3.) After filing of investigation report by the authorized investigation agency, the matter is pending before trial Court. The trial Court in Special C.C. No.52/2013 has proceeded with trial and 7 witnesses are examined out of 200 cited witnesses. It is brought to the notice of the Court that Presiding Officer was not posted regularly to preside over the Special Court in NIAA cases, Bangalore, at earlier point of time and now a Presiding Officer is posted and he is proceeding with the trial of the case on day to day basis.