This Criminal Appeal is filed by appellant Nos.1 and 2 /

accused Nos.11 and 20 respectively under the provisions of

section 21(4) of National Investigation Agency Act (hereinafter

referred to as <NIA Act=), against the order dated 29.12.2020

made in Crl.Misc.No.7268/2020 filed by accused Nos.11 and 20,

on the file of XLIX Addl. City Civil & Sessions Judge and Special

Court for NIA Cases, Bengaluru (CCH-50), Bengaluru, rejecting

the application for bail filed by the accused persons under the

provisions of section 439 of Cr.P.C.

It is the case of prosecution that one Mr.Niranjan

Kumar, Inspector of Police attached to the Economic Offence

Wing, CCB, Bengaluru, gave information to Suddaguntepalya

Police Station, Mico Layout Sub-Division, Bengaluru City on

10.01.2020 at about 9.00 p.m. On the basis of the said

information, a FIR in Crime No.10/2020 came to be registered

by Suddaguntepalya Police Station against 17 accused persons

for the offences punishable under the provisions of sections

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153A, 120A, 120B, 122, 123, 124A & 125 of IPC and under the

provisions of sections 13, 18, 19 and 20 of the Unlawful

Activities (Prevention) Act, 1967 (hereinafter referred to as

<UA(P) Act=). On 22.01.2020, the matter was referred to the

National Investigation Agency (hereinafter referred to as <NIA=).

Accordingly, on 23.01.2020, the NIA re-registered the case in

RC.No.4/2020/NIA/DLI and accused No.11 was arrested on

20.01.2020 and accused No.20 was secured under body warrant

on 09.03.2020. After investigation, the Investigation Officer

filed the chargesheet on 13.07.2020 against accused Nos.11, 20

and others.

3.

It is the further case of the prosecution that during

the course of investigation, the role of the present appellants

i.e., accused Nos.11 and 12 came to light. Accordingly, the

Investigation Officer filed chargesheet against accused No.11 for

the offences punishable under the provisions of sections 18, 18A,

20 and 39 of UA(P) Act and section 120B of IPC and against

accused No.20 for the offence punishable under the provisions of

sections 18, 20 & 39 of UA(P) Act and section 120B of IPC.

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4.

The accused Nos.11 and 20 filed application under

section 439 of Cr.P.C., seeking regular bail, mainly contending

that the accused No.11 has been in judicial custody since

20.01.2020 and accused No.20 since 09.03.2020. They are

totally innocent of the alleged offences and they have not

committed any offences much less the offences as mentioned in

the chargesheet against them. Both the accused persons have

got valid and tenable defence to make at the trial. The accused

persons have neither directly or indirectly committed any offence

nor are they involved in commission of alleged offence. They

have been falsely roped in by the police at the instigation of their

ill-wishers. Despite having taken both the accused persons to

the police custody, the Investigation Officer could not place any

material on record to indicate that the accused persons /

appellants have committed the offences and they have been

victimized by the police even though there are no prima facie

materials available against them. It is further contended that

they have been languishing in judicial custody for more than one

year. The Investigation Officer has filed the chargesheet after

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completing the investigation and further judicial remand of the

appellants is not required for any other purpose. If both the

accused are detained in prison for any further time, their whole

career will be spoiled in the midst of hardcore criminals in prison.

Both the accused persons have aged parents, wife and children

to look after and they are the only bread winners of their

respective family and they are hailing from respectable family

and they have no bad antecedents. They have got deep roots in

society owning sufficient movable and immovable properties and

they are ready to offer surety to the satisfaction of the court and

also abide by any condition imposed by the court.

5.

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