Initially, a criminal case came to be registered in Crime No.124/2016 on 16.10.2016 for the offences punishable u/s 302, 34 of IPC by Commercial Street Police over the murder of one Rudresh. The complaint was filed by one Jayaram, who is cited as a witness- C.W.1. It is stated in the first information that when C.W.1 along with his friends 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 in an auto to Bowring & Ladycurzon Hospital, Bengaluru, wherein he was declared “brought dead”. Initially the case was registered in Crime No.124/2016 of Commercial Street Police against unknown persons for the offence punishable u/s 302, 34 of IPC. Four accused persons were arrested in connection with the crime. Subsequently, National Investigation Agency (for short ‘NIA’) registered first information in R.C. No.24/2016 including the petitioner-Asim Sharif, who is at Sl. No.5 in the list of accused. The task of investigation was entrusted to NIA by the Union of India, Ministry of Home Affairs (Internal Securtiy-1 Division), North Block, New Delhi, through its orders No. 11011/33/2016-IS-IV dated 07.12.2016 as per Sec. 6(5) r/w Sec. 8 of the National Investigation Act. In obedience to the said order the NIA, Hyderabad Branch, registered the case in RC 04/16-NIA-HYD for the offences punishable u/S 120-B, 109, 150, 153A, 302, 201 r/w Sec. 34 of IPC; Sec. 3 and 27 of the Arms Act and Sec. 15, 16, 17, 18 & 20 of The Unlawful Activities (Prevention) Act, 1967.

2. After completion of the investigation final report was submitted before the trial Court against the accused persons 1 to 5 on 21.04.2017. The petitioner claims that there was no material for registering the criminal case nor investigating nor submitting the final report against the accused persons. The petitioner filed application u/S 227 of Cr.P.C. seeking his discharge from the case for the aforesaid offences. The application was dismissed by the learned trial Judge/Special Judge who ordered for framing charges.

It is under these circumstances, the petitioner claims that there are no alternative means for him to urge for remedy.

The petitioner being aggrieved by the order of the learned Special Judge and to establish his innocence preferred this Writ Petition under Articles 226 and 227 of the Constitution of India r/w Sec. 482 of Cr.P.C.

3. The said discharge application was filed by the petitioner herein, who is the accused no.5 before the Special Court. The learned Special Court is designated for trial of N.I.A. cases at Bengaluru. The present case is numbered as Spl. C.C. NO. 181/2017 for the aforesaid offences. The substance of the final report filed in this case is that, the accused nos.1 to 4 conspired with the present petitioner, who is nothing but accused no.5 to kill Rashtriya Swayamsevaka Sangha (for short RSS) members and in furtherance of their acts, they committed offences punishable u/S 302, 201 r/w Sec. 34 of IPC. The accused persons, that includes the petitioner also are said to be in possession of weapons without license, thereby it attracted the offences punishable u/S 3 and 27 of the Arms Act. Further, the acts of the accused persons amounted to offences punishable u/S 120-B, 109, 150, 153A, 302, 201 r/w Sec. 34 of IPC and under Sections 16(1)(a), 18 and 20 of the Unlawful Activities (Prevention) Act.

4. Thus, as stated above, the petitioner sought discharge u/S 227 of Cr.P.C. along with other accused.

The application came to be rejected on 12.01.2018. The Writ Petition under Articles 226 and 227 of the Constitution of India r/w Sec. 482 of Cr.P.C. was preferred before this Court earlier.

5. The claim of the petitioner is that there were no documentary eviden