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2025 Supreme(Online)(Kar) 24332
KARNATAKA HIGH COURT
MOHAMMAD NAWAZ, J
MR.GANESH H.M – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 12601 OF 2025
For the Appellants/Petitioners: SRI. SANDESH CHOUTA, SRI. MAHENDRA GOWDA. C.R.
For the Respondents: SRI. R. RANGASWAMY
An appeal lies under Section 21(4) of the NIA Act, 2008 against a Special Court's order on bail, highlighting the maintainability of such petitions.
Headnote:This petition is filed under Section 439 Cr.P.C. seeking bail for offenses under Sections 4 and 5 of the Explosive Substances Act, 1908 and related sections. The Court upheld the office's objection regarding the maintainability of the petition indicating that the appeal lies under Section 21(4) of the NIA Act, 2008 against the Special Court's order rejecting bail. The petition is dismissed as withdrawn, with liberty given to appeal as per law.
| 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 for the petitioners would submit that he may be permitted to file an appeal under Section 21(4) of the NIA, Act, 2008, challenging refusal of the bail by the Special Court.
7. In light of the above submission, petition is dismissed as withdrawn, with liberty as sought for.
8. Registry shall return the certified copies of the document furnished along with the petition, retaining photocopies of the same, forthwith.
Sd/-
(MOHAMMAD NAWAZ)
