IMRAN JALAL @ BILAL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and sentence dated 4.10.2016 passed in S.C.No.1031 of 2008, on the file of the Court of LV Additional City Civil and Sessions Judge (CCH-56), Bangalore City, for the offences punishable under Sections 121, 121A and 122 of the Indian Penal Code, 1860, Section 5(b) of the Explosive Substances Act, 1908, Sections 25(1-A) and 26(2) of the Arms Act, 1959 and Sections 20 and 23(1) of the Unlawful Activities (Prevention) Act, 1967.

(2.) The complainant Sri K.N. Jithendranath, Assistant Commissioner of Police, Central Crime Branch, Bengaluru, having received credible information that one terrorist aged about 35 years wearing pant, a black coloured leather jacket and a woolen cap, who is a native of Jammu and Kashmir State and presently residing at Hospet was coming from Hospet to Bengaluru in a VRL bus bearing No.KA 25/B-6085 which was going to arrive at Bengaluru in the early morning hours on 5.1.2007 and he was carrying two bags of which one is maroon colour containing assault rifles, ammunition and hand grenades. Upon receiving the information, he called the inspectors and went to Goraguntepalya Circle by 4.45 a.m. in four private vehicles. He then summoned two witnesses to act as panchayatdars. Further, he states that DCP Crime, Sri Ravikanthe Gowda, arrived at the spot, supervised the arrangements and proceeded to follow the noted bus and the complainant instructed Thimmaiah and staff to signal about the arrival of the bus. At about 5.05 a.m., Police Inspector Thimmaiah signaled the arrival of the bus and as they saw the bus parked aside, two passengers alighted from the bus and the complainant noticing the suspect carrying a maroon coloured bag on his shoulder and another bag in his hand, rushed towards him with panchayatdars and apprehended him at about 5.10 a.m.

(3.) It is also the case of the complainant that after he disclosed his identity as Imran Jalal, he was questioned about the contents of the bag and as he provided evasive answers, the complainant searched the maroon colour regzine bag in the presence of panchayatdars and found one AK assault rifle, two plastic packet containing 100 rounds of ammunition, one packet containing two magazines of AK assault rifle, one rifle sling, one bed sheet and one pyjama. In the other bag they found one chadar, one jamkhana, one rasai, five hand grenades, one travel book, one Bengaluru City map, one Thuraya satellite phone and one letter pad book. Further, on personal search, they found one Nokia mobile phone from his right hand side pocket, one Nokia mobile phone in the right side of leather jacket pocket, one leather purse in his back pant pocket with one used and three unused SIM cards of BSNL, cash of Rs.1,500/-, one passport size photo of a male, membership card of gym, Jammu and Kashmir I.D. Card, Driving Licence, PAN Card, Handicrafts Owners Association membership card, Jammu and Kashmir bank ATM Card, Jammu and Kashmir Bank slip, one slip bearing numbers in green ink, two slips bearing phone number and one slip with number said to be of passport, one key Alba make found in the right side of the pant pocket and one traveling ticket with the name Imran in the left side of pant pocket.