IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3910 OF 2025 (GM-RES)

Between:

Asim Shariff Aged about 40 years R/at H.No. 61, 1^st Main, S.K. Garden, Benson Town, Bengaluru - 560046 (Petitioner is in Judicial Custody)

…Petitioner (By Sri Mohammed Tahir, Advocate)

And:

Digitally signed

1. National Investigation Agency by VEERENDRA KUMAR K M Ministry of Home Affairs, Location: HIGH (GOI) Branch Office, Bengaluru, COURT OF 3^rd Floor, BSNL Telephone Exchange, KARNATAKA HAL, 2^nd Stage, Indiranagar, Bengaluru-560 008 Represented by its Superintendent of Police.

2. Mohammed Ghouse Nayazi S/o Nayaz Ahmed Aged about 42 years R/at No.304, 17^th Cross, 2^nd Block, RT Nagar, Bengaluru-560032 (Presently at Judicial Custody)

3. Nayaz Ahmed S/o Mohammed Ibrahim Aged about 69 years R/at No.304, 17^th Cross, 2^nd Block, RT Nagar Bengaluru-560032.

…Respondents (By Sri. Prasanna Kumar P., Spl.P.P. for R1/NIA)

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 21/01/2025 passed by the learned 49th Additional City Civil and Session Judge (Special Judge for Trial of NIA Cases) at Bengaluru, in Spl.C.No.181/2017, at Annexure-A and consequently issue writ of mandamus or direct the learned trial court to appreciate the application filed by the petitioner under Section 91 of Cr.P.C before the trial court at Annexure-B.

This Writ Petition, coming on for preliminary hearing, this day, order was made therein as under:

CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

The order dated 21.01.2025 passed by the Special Court for Trial of NIA Cases, Bengaluru, in Spl.C.181/2017 on an application filed under Section 91 of the Code of Criminal Procedure is assailed by accused No.5 who was the applicant.

2. Accused No.5 wanted production of the details of the Jail Visitors’ Book relating to PW76 and a direction to the agency, i.e., NIA to collect the Call Data Records (CDRs) pertaining to mobile No. 8123995827 (belonging to the father of PW76) for the period March 2024 to 10.12.2024 along with location details. In the application it was stated that PW76 became an approver for a quid pro quo. When PW76 was in custody his father and his advocate played active role to settle certain terms with the NIA. It appears that PW76 did not become approver voluntarily and he was induced to become an approver by the NIA, which affected the interest of other persons. To prove that there was inducement, it is necessary that the Jail Visitors’ Book and other records are necessary.

3. The Special Public Prosecutor of the NIA filed statement of objections to the application. The Special Court rejected the application giving reasons that PW76 was earlier arrayed as accused No.6. Since accused No.6 was absconding no charge sheet was filed against him at the initial stage even though the NIA had collected evidence against him. After his arrest supplementary charge sheet was filed against accused No.6 who later on became an approver. It is stated by the Special Court that accused No.6 approached the court voluntarily by filing an application seeking pardon. After examining the materials on record pardon was tendered to him according to Section 306 of Cr.P.C and he was treated as a witness. He was examined in the court also. There was no coercion on accused No.6 to become an approver nor did he become so for quid pro quo. Moreover when PW76 was cross- examined he was extensively cross-examined regarding the coercion or inducement to become an approver and he denied all those suggestions. It is also observed that during the period when PW76 was in jail, it is quite natural that his father might have visited the jail to meet his son and merely for this reason it cannot be stated that father visi