IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.556 OF 2025 (21(NIA))

BETWEEN:

MR. MANSOOR PASHA S/O. USMAN AGE: 36 YEARS RESIDENT OF NO.522, 2ND CROSS PREMANAGARA SAKALESHPURA DISTRICT HASSAN-573 134.

…APPELLANT (BY SRI MOHAMMED TAHIR, ADVOCATE)

AND:

STATE BY NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS Digitally signed by REPRESENTED BY SPECIAL PUBLIC PROSECUTOR ANJALI M OFFICE AT HIGH COURT COMPLEX Location: BENGALURU-560 001.

High Court …RESPONDENT of Karnataka (BY SRI PRASANNA KUMAR P., SPL.PP)

* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF THE NATIONAL INVESTIGATION AGENCY ACT, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 24-6-2024 DISMISSING HIS PETITION UNDER SECTION 439 OF CR.P.C., 1973, IN SPL.C.NO.123 OF 2023 BELLARE POLICE STATION IN CRIME NO.63 OF 2022, BY THE LEARNED XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR NIA CASES) CCH-50), AT BENGALURU AND GRANTING HIM BAIL SPL.C.NO.123 OF 2023 OF BELLARE POLICE STATION IN CRIME NO.63 OF 2022, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 153(A), 120(B), 212 R/W 34 OF IPC, 1860, SECTIONS 16, 18, 18(A), 19, 20 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT AND SECTION 25(1)(A) OF ARMS ACT, PENDING ON THE FILE OF THE LEARNED XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES) (CCH-50), AT BENGALURU.

THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

This appeal is directed against the order dated

24.06.2024 passed by the Court of XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases) (CCH-50) at Bengaluru, in Spl.C.No.123 of 2023.

2. Vide impugned order, the Special Court has rejected the appellant's prayer for bail. This appeal is preferred under Section 21 of the National Investigation Agency Act (for short, "NIA Act") read with Section 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") to set aside the impugned order and to enlarge the appellant on bail in a case arising out of Crime No.63 of 2022 of Bellare Police Station, registered by the NIA as RC-36/2022/NIA/DLI.

3. Heard learned counsel for the appellant and learned Special Public Prosecutor appearing for the respondent/NIA.

4. Learned Special Public Prosecutor has filed statement of objection to the appeal as well as to I.A.No.1 of 2025 seeking condonation of delay in preferring the appeal.

5. There is a delay of 220 days in preferring the appeal. I.A.No.1 of 2025 is filed under Section 5 of the Limitation Act, 1963, to condone the delay, supported by the affidavit filed by the brother of the appellant.

6. In the affidavit it is stated that the appellant is in custody from the date of his arrest, i.e., 10.05.2024. There is no one in the family acquainted with the legal proceedings and legal matters. He was not able to access legal advice and take proper steps to file the appeal in time, in view of illiteracy and poverty. The delay in filing the appeal is not intentional or deliberate but due to bona fide reasons and unavoidable circumstances.

7. Having regard to the fact that the appellant is in custody and this appeal is preferred against dismissal of application for bail, we deem it appropriate to condone the delay, in the interest of justice, and to hear the appeal on merits.

8. Crime No.63 of 2022 came to be registered at Bellare Police Station, Dakshina Kannada, against 3 unknown persons for the offence punishable under Section 302 read with Section 34 of IPC, on a complaint lodged by one Madhu Kumar.

9. The first informant was working as a cleaner in one Akshaya Fresh Chicken Farm Shop in Mastikatte area of Bellare Village of Sullia Taluk. Deceased Praveen Nettaru, the