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2022 Supreme(Online)(Kar) 36937
KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
ATEEQ AHMED – Appellant
Versus
NATIONAL INVESTIGATING AGENCY – Respondent
CRL.A 814/2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2022
PRESENT
THE HON9BLE Mr. JUSTICE K. SOMASHEKAR
AND
THE HON9BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No.814/2022
C/W
CRIMINAL APPEAL No.788/2022
CRL.A. No. 814/2022
BETWEEN :
-------------
1.
Ateeq Ahmed
s/o Syed Nayaz Ahmed
Aged about 31 years
Occupation 3 AC Mechanic
R/at # No.15/2, 18th cross
Coconut Garden Hall Road
Sagaipuram, D J Halli
Bengaluru 3 560 045.
2.
Shafi Khan
S/o MH Abdul Shukoor
Age about 33 years
Occupation 3 Salesman
2
R/at No 3 106, 17th Cross
Sagaipuram, Frazer Town
Bangalore 3 560 005.
3.
Shahid Pasha Vali
S/o Mohammed Sab
Age about 47 years
Occupation 3 Real State Broker
R/at 30/2, 18th cross, hall road
Extention, Sagaipuram
Bangalore 3 560 045.
4.
Tabrez
S/o Shaikh Mahaboob
Occupation 3 Auto riksha driver
Age about 36 years
r/at No.13, 13th cross
old Bagalur layout
Bangalore 3 560 032.
5.
Abdul Baseer
S/o Abdul Basheer
Occupation 3 Ladies Tailor
R/at No.71, 4th cross
Shabad Nagar, K B Sandra
Bangalore 3 560 032.
&APPELLANTS
(By Sri. Mohammed Tahir, Advocate)
AND :
-------
National Investigating Agency
Ministry of home affairs GOI
Branch office Hyderabad
Rep by Spl. Public Prosecutor
3
Office at
High court complex
Opp. to Vidhan Soudha
Bangalore 3 560 001.
&RESPONDENT
(By Sri. Prasanna Kumar P, Spl.P.P.)
This Criminal Appeal is filed under Section 21 of NIA
Act, praying to set aside the impugned order dated
25.03.2022 and granting regular bail to appellant in Spl.
C.C.No.152/2021 U/S. 16, 18, 20 of the UA (P) Act 1967
Section 120-B R/W Section 149 of IPC 1860 wherein these
appellants are arrayed as accused No.16, 17, 18, 23, 24
same is pending on the files of 49th additional City Civil and
Sessions Judge and Spl. Case Court for NIA cases at
Bengaluru (CCH-50).
CRL.A. No. 788/2022
BETWEEN :
--------------
Syed Abbas
S/o Syed Imtiyaaz
Aged about 33 years
R/o # 5, M B S Mansoon
15th cross, Govindapura
AC post, Bengaluru 3 560 097.
&.APPELLANT
(By Sri Mohammed Tahir, Advocate)
AND :
-------
National Investigating Agency
Ministry of home affairs GOI
Branch office Hyderabad
4
Rep by Spl Public
Prosecutor
Office at
High court complex
Opp to Vidhan Soudha
Bangalore 3 560 001.
&RESPONDENT
(By Sri Prasanna Kumar P, Spl P P)
This Criminal Appeal is filed under Section 21 of NIA
Act read with 375(B) CR.P.C. praying to set aside the
impugned order dated 27.08.2021 and granting regular bail
to appellant in Spl. C.C.No.141/2021 U/S. 16, 18, 20 of the
UA (P) Act 1967 Section 120-B, 143, 145, 147, 188, 353,
427 R/W Section 34 and 149 of IPC and Section 2 of the
prevention of damage to public property Act 1981 wherein
this appellant is arrayed as accused No.3 same is pending
on the files of 49th additional city civil and sessions judge
and Special court for NIA cases at Bengaluru (CCH-50).
These Criminal Appeals having been heard and
reserved
for
orders,
this
day,
Shivashankar
Amarannavar J, delivered the following;
J U D G M E N T
These appeals under Section 21(4) of the National
Investigation Agency Act, 2008 (for short 'NIA Act') are
directed against orders dated 27.08.2021 and 25.03.2022
passed by XLIX City Civil and Sessions Judge and Special
Court for NIA cases, Bengaluru in Spl. C.C. No. 141/2021
5
and 152/2021 whereunder the bail applications filed by the
appellants/accused under Section 439 Cr.P.C. came to be
dismissed.
2.
For the purpose of convenience, details of the
appeals filed by the respective appellants/accused are
tabulated herein below:
Name
of
appellant/s
(sriyuths)
Crl. A No.
Special
C.C. No.
Complainant Rank
of
Appellants
in Spl. CC.
Syed
Abbas
788/2022 141/2021 K.G Halli PS
A3
1)
Atteeq
Ahmad
2) Shafi
Khan
3) Shahid
Pasha Vali
4) Tabreez
5)
Abdul
Baseer
814/2022 152/2021
D.J. Halli PS
A16
A17
A18
A
