The court upheld the rejection of bail applications based on prima facie evidence of involvement in conspiratorial activities undermining national security, emphasizing the necessity to prevent further antinational conduct.

JUDGMENT :

K.S. MUDAGAL, J.

Challenging the order of rejection of their bail applications, accused Nos.3, 4 and 8 in Special Case No.141/2021 on the file of XLIX Additional City Civil and Sessions Judge (Special Court for the trial of NIA cases) (CCH-50), Bengaluru have preferred this appeal.

2. Appellants and 135 other accused are being tried in Spl.C.No.141/2021 for the offences punishable under Sections 143 , 147, 148, 353, 333, 332, 436, 427 and 149 of IPC , Sections 15 , 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’) and Section 4 of the Prevention of Damage to Public Property Act, 1984/ Section 2 of the PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT , 1981 on the basis of the charge sheet filed by NIA in RC-35/2020/NIA/DLI.

3. Case of the prosecution in brief is as follows:

(i) That SDPI in Bengaluru was unhappy with the decisions of the Central Government on certain matters viz., repeal of Article 370 of the Constitution, issuance of CAA/NRC, Supreme Court’s verdict in Babri masjid and Triple Talak cases. SDPI members actively participated in the agitation against the Government on those issues. They were waiting to create communal disharmony and unrest in the country. Accordingly accused Nos.1, 2, 25 and other SDPI Bengaluru District leaders hatched criminal conspiracy and decided to post some derogatory message to insult Hindu Gods and provoke Hindu Community through accused No.1’s facebook account who has thousands of Hindu followers on facebook. They intentionally selected 11.08.2020, an auspicious day for Hindus i.e., the day of Sri Krishna Janmashtami to post the derogatory message. Meanwhile the SDPI cadres were well prepared to respond to any situation arising out of such incident and to execute their plans to commit violent acts to garner the support of the Muslim community.

(ii) In execution of such conspiracy, accused No.1 on 11.08.2020 posted a video/audio clip containing a derogatory comment made by one Murugesh Nirani/MLA offending Hindu deities, deliberately tagging the same to P.Naveen, nephew of Akhanda Srinivasa Murthy, MLA of Pulakeshinagar Constituency so that he responds to the same and they can indulge in violence. As expected said P.Naveen responded posting a cartoon picture with comment on Prophet Mohammed.

(iii) Appellant and other accused held conspiracy meeting at SDPI Office, Nagawara to commit violent acts by attacking the police personnel. They also decided to file maximum number of complaints against P.Naveen in different police stations at Bengaluru to pressurize the police and the Government. After such conspiracy meeting, appellant/accused No.25 being the District President of SDPI, Bengaluru remained at Nagawara Ward to coordinate the activities in furtherance of the conspiracy. Accused Nos.3, 5, 6 and other accused including the SDPI ward members reached Kadugondanahalli police station (for short ‘K.G.Halli Police Station’) for filing FIRs, mobilizing SDPI cadres and to attack the police station and police personnel.

(iv) That on 11.08.2020 at 8.45 p.m. accused who were initially about 25 to 30 in numbers, gathered in-front of K.G.Halli Police Station and began shouting slogans demanding the arrest of P.Naveen. By 8.50 p.m. number swollen and all accused led by accused No.14 entered the premises of K.G Halli Police Station demanding registration of FIR against P.Naveen. By that time on the same allegations, FIR was already registered in Crime No.195/2020 of D.J Halli Police station, Bengaluru. Despite K.G.Halli police informing the accused that in view of such FIR, again other complaints for the sa