The court ruled that bail can be denied when serious charges are present and the appellant's history reflects a significant risk to public safety and national integrity.

JUDGMENT :

K.S.MUDAGAL, J.

Challenging dismissal of his bail application, accused No.3 in S.C.No.381/2015 & S.C.No.1347/2016 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. Appellant and 22 others are being tried in S.C.No.381/2015 & S.C.No.1347/2016 on the charge that the accused motivated by extreme religious ideologies conspired to wage war against India and indulged in Jihadi activities. In execution of such conspiracy and to take revenge against ruling BJP Government in Karnataka for the arrest of Abdul Nasar Madani they decided to blast bombs near BJP office in Bengaluru, Karnataka. They planted bombs near BJP office, Malleswaram, Bengaluru. Due to explosion of those bombs, the police vehicles, private vehicles suffered damages, police personnel and some public were also injured.

3. Appellant filed application before the Trial Court seeking grant of bail on the ground that there is delay in trial, the prosecution opposed the application on the ground that the appellant is the mastermind of the crime and there is prima facie material to establish his involvement. The prosecution further contended that appellant is involved in several similar cases and has been convicted for terrorist acts and there is no delay on the part of the prosecution in conducting the trial.

Hence sought dismissal of the application.

4. The trial Court on hearing the parties, by the impugned order has rejected the application of the appellant on the ground that the offence alleged against the appellant is punishable with death or imprisonment for life and having regard to his antecedents and materials on record, he is not entitled to bail.

5. Heard both side.

Submissions of Sri S.Balakrishnan, learned Counsel for appellant:

6(i) Appellant is languishing in jail since 23.04.2013. There are 273 charge sheet witnesses. Out of them only 78 witnesses have been examined so far. Still large number of witnesses have to be examined. Before NIA Special Court, 70 cases are pending. The trial is getting delayed. The evidence of PW.50 shows that there was no explosive material in the object examined.

(ii) Though it is contended that the appellant is involved in several other cases, except in one case, he is acquitted in all other cases. Even in that conviction case, he is sentenced to seven years of imprisonment which he has already served. Appeal against the said judgment is pending before Madras High Court. The appellant is suffering from hepatomegaly hydatid disease since 2014. He has undergone surgeries.

(iii) The trial Court rejected the bail application solely on the ground of bar under Section 43D(5) of UAP Act. The offences alleged against the appellant are punishable with imprisonment upto 7 years. Under the circumstances, the trial Court committed gross error in not granting bail.

7. In support of his submissions, he relies on the following judgments:

(i) SK.Javed Iqbal v. State of U.P. , (2024) 8 SCC 293

(ii) Union of India v K.A.Najeeb , (2021) 3 SCC 713

(iii) Javed Gulam Nabi Shaikh v. State of Maharashtra , 2024 SCC Online SC 1693

(iv) Manish Sisodia v. Directorate of Enforcement , 2024 SCC Online SC 1920

(v) Mohd.Muslim Alias Hussain v. State (NCT of Delhi), 2023 SCC Online SC 352

(vi) Gursewak Singh v. State of Punjab , NC NO.2023: PHHC : 143731

(vii) Sri Mohan Nayak N. v State of Karnataka , Crl.P.No.7963/2023 DD 07.12.2023

Submissions of Sri Vijayakumar Majage, learned SPP-II for respondent:

8(i) Appellant was mastermind of the crime. He is the member of banned organization Al-Umma. He conspired with other accused for commission of crime against the State. He entrusted the responsibility for execution of the task/mission of bomb blast to the other accused persons. He procured explosives through accused Nos.16 and 14. He deposited the explosives in the houses of accused Nos.5 to 7 and 11 and transported the same from Coimbatore to Erode in Innova Car and deli