ASADULLA H.A. S/O. ABOOBKAR. H. AND OTHERS Vs. THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) AS the above to petitions pertain to same crime number and as the common questions of law and facts arise for my consideration, these petitions are heard together and disposed of by this common order.

(2.) PETITIONERS -1 to 4 in Criminal Petition No. 7199/2008 are Accused Nos. 3, 7, 9 and 12 respectively and Petitioners -1 to 3 in Criminal Petition No. 7204/2008 are A -1, A -5 and A -6 respectively in crime No. 14/2008 of Gokul Road Police Station, Hubli. After completion of investigation, the investigating agency has filed charge sheet against these accused and others for offences punishable Under Section 120 -B, 121, 121 -A, 122, 124 -A, 153 -A, 153 -B, 379, 116, 465, 468, 471, 201, 511 IPC, Under Section 3, 10 and 13 of the Unlawful Activities (Prevention) Act 1967 and Sections - 4 and 5 of the Explosive Substances Act 1908 and the trial in S.C. No. 49/2008 pending on the file of 1st Additional District and Sessions Judge, Dharwad, sitting at Hubli.

(3.) SEVERAL of the offences 124 -A, 153 -A, 153 -B IPC., and Sections -3, 10 and 13 of the Unlawful Activities (Prevention) Act 1967 referred to above pertain to disturbing the sovereignty of the nation, disruption of harmony between two communities and other provisions deal with the possession of explosive and prohibited material which would also disrupt or bring enmity between two religion; immediately on recording of confession statement of A -1, a report came to be filed before the Magistrate for incorporating the above stated additional provisions and also to implicate few persons named in the confession statement of accused No. 1. As such, initially 12 accused persons came to be implicated for the aforesaid offences and later on after completion of investigation, as investigation revealed involvement of few other accused persons, charge sheet is filed as against 16 persons and out of the said accused persons, A -3, A -7, A -9 and A -12 (Petitioners in Crl.P. No. 7199/2008) and A -1, A -5 and A -6 (Petitioners in Crl.P. No. 7204/2008) are before this Court in these two criminal petitions seeking bail.