IMPORTANT POINTS
Under section 227 CrPC court has to find out whether prima facie case is made out by shifting and weighing material on record.
Discharge may be denied even in case of grave suspicion.

JUDGMENT

Ajay Rastogi, J.

Leave granted.

2. The present appeal has been preferred by the accused appellant against whom a criminal case bearing no. RC 04/16-NIA-HYD came to be registered along with four other accused persons for the offences punishable under Sections 120-B, 109, 150, 153A, 302, 201 read with Section 34 of IPC; Sections 3 and 27 of the Arms Act and Sections 15,16,17,18 & 20 of the Unlawful Activities (Prevention) Act, 1967(hereinafter being referred to as "UAP Act").

3. After completion of the investigation, final report was submitted before the trial Court against the accused persons including appellant. The appellant claims that there was no material for registering the criminal case neither investigating nor submitting the final report against him. At this stage, the appellant filed application under Section 227 of Code of Criminal Procedure, 1973(hereinafter being referred to as "CrPC") seeking his discharge from the case for the aforesaid offences. The application was dismissed by the trial Judge/Special Judge who ordered for framing of charges against him for the aforesaid offences under Order dated 2nd January, 2018 came to be challenged by the appellant in a writ petition filed under Article 226 and 227 of Constitution of India read with Section 482 CrPC which was dismissed by a lucid impugned judgment dated 22nd November, 2018 which is a subject matter of challenge in the instant appeal.

4. The background facts giving rise to this appeal which needs to be noted are that a criminal case came to be registered as Crime No. 124/2016 on 16th October, 2016 for the offences punishable under Section 302 read with Section 34 IPC by Commercial Street Police after a complaint was filed by one Jayaram(CW-1), who stated that on 16th October, 2016 at around 12.40 p.m. when he along with his friends namely Rudresh, Harikrishna and Kumar assembled near Srinivas Medical Stores, Shivajinagar, one person(accused) being the pillion rider of the motorcycle hacked Rudresh with a sharp edged and lethal machete on the right side of his neck and fled. Rudresh was taken to a hospital wherein he was declared brought dead.

5. Initially, four accused persons (Accused nos. 1 to 4) were arrested on 27th October, 2016. Accused no. 5(appellant herein) was arrested on 2nd November, 2016. Subsequently, the task of investigation was entrusted to National Investigating Agency(NIA) by the Union of India, Ministry of Home Affairs, New Delhi on 7th December, 2016. NIA registered FIR in RC No. 24/2016 against all five accused persons including the appellant. After investigation, the charge sheet was submitted against all five accused persons on 21st April, 2017 which stated that accused nos. 1 to 4 conspired with the accused appellant(accused no. 5) to kill RSS members and in furtherance of their acts, they committed offence punishable under Sections 302, 201 read with Section 34 IPC. The accused persons were said to be in possession of weapons without license, thereby it attracted the offence punishable under Sections 3 and 27 of the Arms Act. Further, the acts of the accused persons including the accused appellant amounted to offences punishable under Sections 120B, 109, 150, 153A, 302, 201 read with Section 34 IPC and under Sections 16(1)(a), 18 and 20 of the UAP Act.

6. The appellant sought discharge under Section 227 CrPC along with other accused persons which came to be rejected vide order dated 2nd January, 2018 and framed charges against the accused persons including accused appellant. Special NIA Court under its Order dated 2nd January, 2018 while deciding the application of appellant seeking discharge under Section 227 CrPC observed that it was admitted by the defence counsel that the appellant is the President of Bengaluru unit of Popular Front of India(PFI) and the other accused persons nos. 1 to 4 are also the members of PFI. It was also admitted by the defence counsel that there was frequent telephonic/mobile phone conversation among t