Sufficient evidence existed to justify framing terrorism-related charges against the appellant based on allegations of conspiracy and radicalization supporting a proscribed organization.

JUDGMENT :

K.S.MUDAGAL, J.

Challenging the order to frame charges for the offences punishable under Sections 120B, 121A, 153A read with Section 34 of IPC and Sections 20 , 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’), accused No.1/appellant in Special Case No.2274/2023 on the file of XLIX Additional City Civil & Sessions Judge (Special Court for trial of NIA Cases), CCH-50, Bengaluru has preferred this appeal.

2. Special Case No.2274/2023 is registered against appellant and accused No.2 on the basis of the charge sheet filed against them in RC-04/2023/NIA/DLI (‘RC-04/2023’ for short) for the charges for the offences punishable under Sections 120B, 121A, 153A read with Section 34 of IPC and Sections 20 , 38, 39 and 40 of UAP Act. At the stage of hearing under Section 227 of Cr.P.C. regarding framing of charge, appellant urged for discharge raising various grounds.

3. The trial Court on hearing the parties, by the impugned order dated 10.03.2025 accepted the appellant’s contention only with regard to Section 40 of UAP Act and discharged him for the said offence. However, the trial Court held that there are grounds to frame charges against him for the offences punishable under Sections 120B, 121A, 153A read with Section 34 of IPC and Sections 20 , 38, 39 of UAP Act. Thus trial Court partly allowed the application. Said order is assailed in this appeal.

4. Heard Sri Mehmood Pracha, learned Counsel appearing for Sri Mohammad Faizan, learned Counsel on record for the appellant and Sri Sachin.C., learned Counsel along with Sri P.Prasanna Kumar, learned Special Public Prosecutor for the respondent/NIA.

5. Brief facts of the case are as follows :

(i) Appellant and accused No.2 were arrested by NIA Police during the course of investigation in RC-40/2022/NIA/DLI (‘RC-40/2022’ for short) and they were interrogated. On interrogation, appellant revealed that said accused were affiliated to Indian and Foreign based online handlers of banned organizations Al-Qaeda and Tehrik-e-Taliban Pakistan (TTP). They were engaged to identify gullible Muslim Youth to radicalize and recruit them by propagating the ideologies of TTP. It was also revealed that appellant and accused No.2 were part of telegram group by name ‘Rising Islam’ and acted in furtherance of motive to move to Afghanistan to wage war against Asiatic Power in alliance with Government of India. For the said purpose, they raised funds and transferred the same to foreign based handlers to achieve the object of those proscribed organization.

(ii) On revelation of such acts on the part of appellant and accused No.2, Ministry of Home Affairs, Government of India issued an order dated 03.04.2023 under Section 6(5) read with Section 8 of the National Investigation Agency Act, 2008 (‘NIA Act’ for short) and directed the respondent/NIA to take up further investigation in the matter. On such order, separate case in RC- 04/2023 was registered against appellant and accused No.2. In view of such registration of separate case, closure report in RC- 40/2022 was filed against them and investigation in RC-04/2023 was taken up. Thereafter on filing application before the Special Court, appellant and accused No.2 were taken into police custody in RC-04/2023.

(iii) Interrogation of appellant revealed that he was radicalized through online contents