Point of Law: Sections 17 read as punishment for raising funds for terrorist act.

JUDGMENT :

K.S. MUDAGAL, J.

1. Challenging the order of dismissal of his bail petition, accused No. 16 in Spl.C.C.No. 320/2020 on the file of 69th Addl. City Civil and Sessions Judge (Spl. Court for trial of NIA cases), Bengaluru has preferred this appeal.

2. The brief facts of the case are as follows:

On 10.01.2020, Shri Niranjan Kumar C, Inspector, CCB, Economic Offences Wing, Bengaluru City submitted a written complaint at Suddaguntepalya Police Station, Bengaluru to the effect that, Mehaboob Pasha (A-1), resident of Gurappanapalya, Bengaluru, Karnataka in association with Khaja Moideen (A-2), who was accused in several cases registered in Tamil Nadu related to terrorism, murder etc. formed a terror group with young Muslims in South India. They selected their base at Bengaluru. They conducted several criminal conspiracy meetings at the house of accused Mehboob Pasha (A-1) and Zabiulla (A16) and at the Al-Hind Office in Bengaluru and other places in Karnataka and Tamil Nadu since April, 2019. They propagated the ideology of the proscribed terrorist organization ISIS. They conspired to collect Arms and Explosives for murdering Hindu leaders and police officers thereby creating communal riots. They recruited vulnerable Muslim youths with intention to carry out terrorist attacks in South India especially in Karnataka and Tamil Nadu.

3. Based on the said written complaint, Crime No. 10/2020 dated 10.01.2020 under sections 153A, 121A, 120B, 122, 123, 124A and 125 of Indian Penal Code, 1860 and section 13, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (‘the UAP Act’ for short) was registered at Suddaguntepalya Police Station, Bengaluru, Karnataka against Mehaboob Pasha (A-1) and 16 others.

4. Subsequently, considering the gravity of the offences and interstate and international ramifications of the same, the Ministry of Home Affairs, New Delhi, in exercise of the powers conferred under section 6(4) read with Section 8 of National Investigation Agency Act 2008, issued its order vide No. 11011/11/2020/NIA dated 22nd January, 2020, directing the National Investigation Agency to take up the investigation of the case. Accordingly, National Investigation Agency (NIA) reregistered the said case in RC-04/2020/NIA/DLI, u/s 153A, 121A, 120B, 122, 123, 124A and 125 of IPC and section 13, 18 and 20 of UA (P) Act at NIA, New Delhi on 23.01.2020.

5. After investigation NIA filed charge sheet against accused Nos.1 to 21 for the offences punishable under Sections 17, 18, 18A, 18B, 19, 20, 38 and 39 of UAP Act, Section 25(1B) of the Arms Act and Section 120B of IPC specifiable to each individual accused. In the charge sheet the permission was sought to conduct further investigation. Permission was sought to conduct further investigation against accused Nos.22 and 23 the other suspected accused.

6. The charge sheet allegations against the appellant are that he has committed the offences under Sections 17, 18, 18A, 20 and 39 of UAP Act and Section 120B of IPC. It was alleged that he conspired with the other accused to indulge in terrorist acts to achieve the aim of the ISIS a terrorist organization and for that purpose he propagated the ideologies of ISIS, mobilized the funds, transferred them to accused No. 1, secured required articles to conduct the terrorist training camps, organized them and he too took training in martial arts including handling of the pistol, arrows and bows.

7. The appellant’s earlier applications for bail were rejected by the trial Court on the ground that there is prima facie material to show his involvement in the offences alleged against him, therefore, Section 43D(5) of the UAP Act bars granting him bail. Admittedly, the appellant did not challenge that order by filing any appeal.

8. The appellant and accused No. 19 Syed Fasiur Rehman again filed bail petition in Crl. Misc. No. 6090/2022 before the trial Court. The trial Court on hearing both side by the impugned order rejected the said application on the ground that