IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MRS JUSTICE K.S. HEMALEKHA CRIMINAL APPEAL NO. 1573 OF 2024 Between:

Md Badal Houladar @

Badol Howlader, S/o Md Hakim Howlader, Aged about 52 years, R/at 24 Paragans, Bithari, Swarupnagar, Uttarpara, Bithari North 24 Paraganas, West Bengal-743286, Permanent Address Khontakata Village, Digitally signed Sharankhola Upazila, by VEERENDRA Bagerghat District, KUMAR K M Khulna Division, Location: HI GH Bangladesh-9000 COURT OF …Appellant KARNATAKA (By Sri. M. Krishne Gowda, Advocate)

And:

The National Investigation Agency, Bengaluru, Represented by Special Public Prosecutor, High Court of Karnataka, Bengaluru- 560 001.

…Respondent (By Sri. Prasanna Kumar P., Spl.P.P.)

This Criminal Appeal is filed u/s 21(4) of NIA Act r/w Section 439 Cr.P.C. praying to set aside the impugned order passed by the XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases) CCH-50 at Bengaluru in Crl.Misc.No.6560/2024 dated 01.08.2024 and enlarge the appellant on bail in crime RC-1/2023/NIA/BLR for the offence p/u/s 120B and 370(3) of IPC and section 14, 14A(b) and 14C of Foreigners Act and section 3 of the Passport Act r/w Rule 6 of the Passport (Entry in India) Rules and pending trial before XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases) at Bengaluru.

This Criminal Appeal, coming on for admission, this day, judgment was delivered therein as under:

CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)

This criminal appeal is preferred by accused no.10 under section 21(4) of the National Investigation Agency, 2008 (for short “NIA”) seeking to set aside the impugned order passed by the XLIX Addl. City Civil and Sessions Judge (Special Court for trial of NIA cases), CCH-50 at Bengaluru in Crl.Misc.No.6560/2024 dated 01.08.2024 and enlarge the appellant on bail in Crime RC-1/2023/NIA/BLR of the offences punishable under sections 120B and 370 (3) of IPC and Sections 14, 14A(b) and 14C of Foreigners Act and Section 3 of Passport Act r/w Rule 6 of the Passport (Entry in India) Rules, 1950 pending trial before the Special Court for trial of NIA cases.

2. The Central Government on receiving reliable information that certain entities based in Karnataka are involved in trafficking of persons of Bangladesh and Rohingya of Myanmar origin to India on the strength of forged Indian identity documents, the National Investigation Agency registered a case on an order issued by the Government of India in RC-No:1/2023/NIA/BLR at NIA police station on 07.11.2023.

3. The investigation / searches were conducted at locations of the accused persons in which various Indian identity documents were seized, investigation revealed that 22 Bangladesh Nationals were illegally trafficking into India and submitted charge sheet against the appellant and other accused persons for the offences stated supra. The appellant/accused No.10 is alleged to have illegally entered India without valid documents around 15 years ago, worked as a garbage segregator and started his own garbage collection Godown in Chikkabanavara area in Bengaluru and he fraudulently obtained Indian Identity cards, such as PAN card and Aadhar card.

4. Heard Sri. M.Krishnegowda, learned counsel for the appellant and Sri. P.Prasanna Kumar, learned Spl.P.P.

for the respondent – NIA.

5. Learned counsel for the appellant submits that on perusal of the FIR, complaint and the charge sheet filed against the appellant would prima facie indicate that the NIA has intentionally implicated the appellant. Further that the documents produced by the prosecution would nowhere indicate the offence committed by the appellant. It is submitted that the appellant has been in judicial custody since 08.11.2023 even though he has not committed any offence. Stat