The appellants herein who are accused No.9,

accused No.10 and accused No.11 respectively before the

learned XLIX Additional City Civil and Sessions Judge

(Special Court for Trial of NIA Cases) (CCH-50) at

Bengaluru, (hereinafter for brevity referred to as "the

Special Court"), in Special C.C.No.123/2023, have filed the

present appeal, challenging the order of rejection of their

bail application under Section 439 of the Code of Criminal

Procedure, 1973 (hereinafter for brevity referred to as "the

Cr.P.C.") dated 29-04-2023, for the offences punishable

under Sections 302, 153A, 120B, 212 read with Section

34 of the Indian Penal Code, 1860 (hereinafter for brevity

referred to as "the IPC"), Sections 16, 18, 18A and 20 of

the Unlawful Activities (Prevention) Act, 1967 (hereinafter

for brevity referred to as "the UAP Act") and Section

25(1A) of the Arms Act, 1959 (hereinafter for brevity

referred to as "the Arms Act").

- 4 -

2. The summary of the case of the prosecution in

the Special Court was that, the first informant by name

Sri. Madhu Kumar was working as a Cleaner in Akshaya

Fresh Chicken Farm Shop at Mastikatte area of Bellare

Village, Sullia Taluk. The deceased Sri. Praveen Nettaru

was the owner of the said Shop. On the date 26-07-2022,

at about 8:30 p.m., the deceased Sri. Praveen Nettaru,

after closing his business was about to go to his home on

his motor cycle. At that time, the first informant went

inside the Shop to bring the rain coat and he heard

shouting noise outside the Shop. The first informant

immediately rushed out of the shop and saw the deceased

Praveen Nettaru lying on the road about 50 feet away

from his Motor cycle. The first informant also saw three

unknown assailants fleeing away on a Splendor Motor

Cycle towards Puttur Town along with weapons in their

hands. Sri. Praveen Nettaru had sustained injuries on his

head and neck area. He was shifted to Pragathi Hospital

in Puttur Town in an Ambulance. The Doctors in the

Hospital, after examining the injured Praveen Nettaru,

- 5 -

declared that he was brought dead. In that regard, the

first

informant

lodged

a

written

first

information

(complaint) with Bellare Police. The said complaint was

registered in FIR No.63/2022 on the date 27-07-2022.

During the course of investigation of the case, the

Karnataka State Police invoked Sections 16 and 18 of the

UAP Act, besides Section 120B of the IPC against the

accused persons alleging that they have killed Praveen

Nettaru who was District Executive Committee Member of

Bharatiya Janatha Party Yuva Morcha, Dakshina Kannada

District, with an intention to strike terror among the

people in the locality.

The Central Government received the information

regarding the registration of FIR No.63/2022 at Bellare

Police Station, Dakshina Kannada District, Karnataka

State,

opined

that

scheduled

offences

under the National Investigation Agency Act, 2008

(hereinafter for brevity referred to as "the NIA Act") have

been committed and considering the gravity of the

offences

their

inter-state

ramifications,

- 6 -

Government of India, Ministry of Home Affairs, CTCR

Division, North Block, New Delhi, vide MHA Order

No.11011/68/2022/NIA dated 03-08-2022 issued order as

per the provisions of sub-section (4) of Section 6 read with

Section 8 of the NIA Act and directed the National

Investigation Agency, Bengaluru (hereinafter for brevity

referred to as "the NIA") to take up the investigation of

the case.

Accordingly, the NIA took up the investigation of FIR

No.63/2022 of Bellare Police Station, by re-registering it

as RC-36/2022/NIA/DLI on the date 04-08-2022 under

Sections 120B, 302 read with Section 34 of the IPC and

under Sections 16 and 18 of the UAP Act.

During the course of investigation, the NIA came to

know that the act of killing of Praveen Nettaru was in

retaliation of the killing of one Sri. Masood in an assault at

Kalanja village, eight kilometers away from Bellare village

on the date 19-07-2022. The NI