THIS CRL.A IS FILED U/S 21(4) OF NIA PRAYING TO ALLOW THIS CRL.A AND SET ASIDE THE ORDER DTD 07.02.2026 PASSED BY THE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, [SPECIAL COURT FOR TRIAL OF NIA CASES], (CCH-50) AT BENGALURU IN SPL.C. NO. 152/2021 VIDE ANNEXURE-A AND ENLARGE THE APPELLANT/ACCUSED NO.19 ON BAIL IN SPL C.NO.152 OF 2021 PENDING IN THE COURT OF XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, [SPECIAL COURT FOR TRIAL OF NIA CASES], (CCH-50) AT BENGALURU FOR OFFENCES PUNISHABLE UNDER SECTIONS 16, 18, AND 20 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967, R/W SECTIONS 120B, 143, 145, 147, 188, 353, 427, 436, 34, 149 OF IPC AND SECTION 2 OF THE KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981.

THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

and

HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

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

1. The appellant arraigned as accused No.19 in the charge sheet filed by the respondent/NIA, has preferred this appeal under Section 21(4) of the National Investigation Agency Act, 2008, praying to set aside the order dated 07.02.2026 passed by the XLIX Additional City Civil and Sessions Judge, [Special Court for Trial of NIA Cases], (CCH-50) at Bengaluru in Spl.C.No.152/2021 and consequently to enlarge him on bail.

2. Heard learned counsel for the appellant and learned Special Public Prosecutor for the respondent/NIA and perused the material on record.

3. The respondent/NIA has filed statements of objection opposing the prayer in the appeal.

4. It is the case of the prosecution that, on 11.08.2020 at around 20:00 hours, a mob of around 200-300 persons gathered near D.J.Halli Police Station, armed with dangerous weapons, agitating against one Naveen who had posted blasphemous comment against the Prophet, on his Facebook account. The said mob shouted unparliamentary words and tried to attack the police with dangerous weapons and when the police tried to stop them from entering the police station, they burnt the police vehicles parked in the premises of the police station etc.

5. Case was registered in Crime No.195/2020 of D.J.Halli Police Station. Investigation was taken over by the NIA and registered as R.C.No.34/2020/NIA/DLI. On completion of the investigation, charge sheet came to be filed against accused Nos.1 to 109 for the offences punishable under sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506, 149 and 34 of Indian Penal Code, 1860; sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short 'the UA(P) Act') and Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981.

6. The Special Court has rejected the bail application filed by the appellant on the ground that in pursuance of his conspiracy and posting of certain video in the News Channel and Facebook account which is derogatory, the appellant committed a terrorist act leading to large scale destruction of police station building, government and private vehicles. Further, the charge sheet materials show that there are reasonable grounds to believe that allegations made against him are prima facie true. The bail petition was also rejected on the ground that the offences alleged against the appellant are serious in nature and there is a bar under Section 43D(5) of the UA(P) Act to grant bail.

7. In this case, the charge sheet is filed against 109 accused and out of them, the provisions under the UA(P) Act is invoked against accused Nos.1 to 24. The learned counsel for the appellant would submit that similarly placed accused who are charged under the UA(P) Act, are enlarged on bail by this Court as well as by the Apex Court. Therefore, he submits that the appellant is also entitled to bail on the ground of parity.

8. We have considered the material on record and the allegations mad