KARNATAKA HIGH COURT
MOHAMMAD NAWAZ, J
MR.GANESH H.M – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. maintainability of the petition under relevant laws. (Para 2) |
| 2. court's evaluation of the law regarding bail in special circumstances. (Para 3 , 4 , 5) |
| 3. conclusion of the petition's status and court's order. (Para 7 , 8) |
ORAL ORDER
Apart from other objections, office has raised objection regarding maintainability of the petition.
2. This petition is preferred under Section 4 83 of the BNS S, 2023 for grant of bail to the petitioners in a case registered in Crime No.156/2025 of Kalasipalya Police Station, Bengaluru City, for the offence punishable under Section 4 and 5 of the Explosive Substances Act , 1908, Section 6(A) and 9(B) of the Explosives Act , 1884 and Section 288 , 61(1)(a) and
61(1)(b) of the BNS , 2023.
3. The Court which has rejected the bail petition is a Special Court for the Trial of NIA cases. Offences i.e., Section 4 and 5 of the Explosive Substance Act, 1908 are schedule offences under the Act.
4. A plain reading of Section 21(4) of the NIA Act , 2008, indicates that an appeal lies to the High Court against an order of the Special Court, granting or refusing of bail.
5. Hence, office objections regarding maintainability is upheld.
6. Learned counsel f
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