[Cites 27, Cited by 0]
Karnataka High Court
Sri. Wajid Pasha. K. M vs National Investigation Agency on 9 December, 2025
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CRL.A No.2206/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.2206/2025 (21(NIA))
BETWEEN:
SRI WAJID PASHA. K.M.
S/O. LATE K.M.MUSTAFA
AGED ABOUT 50 YEARS
R/O. NO.216/2, SHIVARAJ ROAD
PERIYAR NAGAR, D. J. HALLI
BENGALURU - 560 045 ...APPELLANT
(BY SMT.SIDDIKA AISHA, ADVOCATE FOR
SRI.RAHAMATHULLA KOTHWAL, ADVOCATE)
AND:
NATIONAL INVESTIGATION AGENCY
BANGALORE
Digitally REP. BY ITS SPECIAL PUBLIC PROSECUTOR
signed by K S BENGALURU ...RESPONDENT
RENUKAMBA
Location: (BY SRI SACHIN C, ADVOCATE FOR
High Court of SRI.PRASANNA KUMAR P, SPL.P.P.)
Karnataka
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF
NIA ACT 2008 PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE ORDER DATED 03.05.2025 PASSED BY THE XLIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR THE TRIAL
OF NIA CASES), (CCH-50) BENGALURU IN SPL.C.NO.152/2021 IN
RC-34/2020/NIA/DLI AS PER ANNEXURE-A AND GRANT REGULAR
BAIL TO THE APPELLANT/ACCUSED NO.4 WAJID PASHA.K.M IN
SPL.C.NO.152/2021 NOW PENDING IN THE COURT OF XLIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT
FOR NIA CASES) AT BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 16, 18, 20 OF THE UNLAWFUL ACTIVITIES
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CRL.A No.2206/2025
HC-KAR
(PREVENTION) ACT 1967 R/W SEC.120B, 143, 145, 147, 188, 427,
436, 353 READ WITH 34, 149 OF IPC AND SECTION 2 OF THE
KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF
PROPERTY ACT 1981.
THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED
ON 04.12.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)
Challenging the order of rejection of his bail application,
accused No.4 in Spl.C.No.152/2021 on the file of XLIX
Additional City Civil & Sessions Judge (Special Judge for the
trial of NIA Cases) (CCH-50), Bengaluru has preferred this
appeal.
2. Appellant and 145 others have been charge sheeted
in the said case for the offences punishable under Sections 15,
16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967
(for short 'UAP Act'), Sections 143, 147, 307, 436, 353, 332,
333, 427, 504, 506 read with Sections 149 and 34 of IPC,
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 (for short 'KPDLP Act'). Against
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appellant Sections 16, 18 and 20 of UAP Act, Sections 120B,
34, 149 read with Sections 143, 145, 147, 188, 427, 436 and
353 of IPC and Section 2 of KPDLP Act was invoked.
3. Appellant filed bail application before the trial Court
claiming that he is falsely implicated in the case and he is in
judicial custody since five years without trial. The same was
opposed by the prosecution. The trial Court on hearing the
parties by the impugned judgment and order has rejected his
bail application on the following grounds:
(i) That there is material to show the involvement of
the appellant in the crime.
(ii) Delay in trial is because of the calculated acts of the
accused themselves. Therefore appellant cannot make the
same as ground.
(iii) Section 43D(5) of UAP Act bars grant of bail as
prima-facie case is forthcoming against the appellant.
The said order is challenged in the above case.
4. Heard both side.
5. Sri Siddika Aisha, learned Counsel for the appellant
reiterating the grounds of appeal and grounds urged before the
trial Court contended that the appellant is falsely implicated in
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the case and he is in custody without trial since five years. She
contended that
co- accused is granted bail, therefore, appellant is entitled to
bail. In support of her submissions, she relied on the following
judgment:
i) Mohammed Kaleem Ahmed vs. NIA1
6. Per contra, Sri P.Prasanna Kumar, learned Special
Public Prosecutor justifies the impugned order on the ground
that there is sufficient material to show involvement of the
appellant in antinational activities. He submits that the
appellant did not even spare the police, the police station, delay
in trial is not due to any act on the part of the prosecution, it
was the strategy of the accused themselves which has led to
the delay. So far as granting bail to some of the co-accused, he
submits that they were not facing allegations of offences under
UAP Act. Therefore parity does not apply, whereas the bail
application of the similarly situated accused were rejected by
the trial Court and confirmed by this Court and the Hon'ble
Apex Court. He submits that the judgment in
Crl.A.No.1722/2025 relied on by appellant's Counsel is
Crl.A.No.1722/2025 (DD 14.10.2025)
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unconnected to this case and is not applicable. Whereas
Crl.A.No.1425/2025 (21 (NIA)) preferred by accused No.4
against the similar order has been dismissed by this Court. He
relies on the said judgment.
7. In support of his submissions, he relies on the
following judgment:
i) National Investigating Agency vs. Zahoor Ahmed
Shah Watali
8. On hearing both sides and on examination of the
materials on record, the point that arises for consideration is
"whether the impugned order of rejection of the bail
application of the accused is sustainable"?
Analysis
9. Case of the prosecution in brief is as follows:
(i) That prime accused in the case with some political
aspirations to grab votes of Muslims, conspired to create unrest
in the society on religious lines and in that direction to provoke
others, accused No.19 made facebook post belittling Hindu
deities to invoke reaction of Naveen, a nephew of Shri Akhanda
Srinivasa Murthy, MLA of Pulakeshi Nagar constituency, tagged
(2019) 5 SCC 1
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him to the said post. In response to such post, Naveen posted
some message about Prophet Mohammed on his facebook.
(ii) That on 11.08.2020 at 7.45 p.m. Moulvi named Sri
Firdous Pasha had lodged the complaint before D.J.Halli Police
Station against Naveen alleging blasphemy of Prophet
Mohammed and hurting religious sentiments of persons
belonging to particular religion. Based on such complaint, first
information report was registered against him. Despite that at
8.00 p.m. appellant/accused No.4 accompanied by 50 persons
gathered at D.J.Halli police station demanding arrest of
Naveen. With extreme religious ideologies, on social network
like Whatsapp, phone calls etc. he started instigating others to
assemble at D.J.Halli police station. Thus huge number of
accused assembled at D.J.Halli police station and started
insisting to register their complaints though case was already
registered. They started demanding to handover Naveen to
them. Ultimately, the mob turned into assembly of 800 to 1500
people, shouting slogans against the police about pouring
petrol and police station shall be burnt. Despite attempt of the
police to control them, at 8.45 p.m. aggressive group forcibly
entered into D.J.Halli police station with weapons, stones,
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sticks, rods and started damaging the police station building
and attacked the police personnel.
(iii) Ultimately, proclamation under Section 144 of Cr.P.C
was imposed and through public announcement requisition was
made to disperse the mob. But the mob did not heed to that.
Ultimately, mob over powering the police proceeded to cellar
and set fire to sixty seven (67) vehicles including both four
wheelers and two wheelers parked in the police station. The
police resorted to lathi charge and tear gas charging. That also
did not yield any result. After issuance of warning to the mob,
police were forced to take recourse to firing to disperse the
mob. The mob attempted to grab the weapons of the police. In
police firing several people were injured, two persons died at
the spot and many police personnel also suffered injuries in the
hands of attackers.
10. The allegations against accused No.4/appellant is
that being the member of such terrorist gang he conspired with
co-accused and with common intention, he mobilized many
people at the scene of offence, provoked them, gave them
directions to get petrol, burn the Police Station and Police,
which led to violent acts of damaging the property in the police
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station, obstructing the police from performing the duties and
pouring petrol on vehicles and burning them.
Reg. Prima facie case:
11. So far as prima-facie case, appellant does not
dispute occurrence of the incident, but claims that he is falsely
implicated due to political rivalry. Legal principles in
consideration of bail applications is no more res integra. In this
regard, the Hon'ble Supreme Court in the judgment in Zahoor
Ahmad Shah Watali 's case referred to supra, relying on
several of its earlier judgments, has laid down the following
principles:
(i) At the stage of consideration of bail application, the
duty of the Court is to satisfy whether there are reasonable
grounds for believing that accusation against the accused is
prima-facie true;
(ii) For that purpose, the Court has to examine the
materials or the evidence collected by the Investigating
Officer with reference to the accusations;
(iii) Degree of satisfaction of prima-facie case at bail
stage is lighter than such satisfaction at the stage of framing
of charges or trial;
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(iv) It is necessary on the part of the Court to see that
culpability of the accused and involvement of the accused in
commission of organized crime is direct or indirect;
(v) Antecedents and propensities of the accused,
nature and the manner in which the offence is committed; &
(vi) Once the charges are framed, it would be safe to
assume that a very strong suspicion is founded upon the
materials before the Court.
12. The trial Court relied on the charge sheet materials
and the statements of LWs.25, 28 to 32, 36, 37, 120 and 123
to speak about the incident, presence of appellant along with
other accused. Those witnesses spoke about appellant along
with other accused instigating other members of the mob to
burn the Police station and the Police with Petrol, consequently
mob vandalizing police station, pouring petrol and burning
vehicles in the police station and obstructing the police from
performing their duties. As per the statements of those
witnesses the appellant even gave provocative interview to
Youtube channel inciting the viewers and crowd against Police.
13. The Investigating Officer has seized the Mobile
phone of the appellant and collected the CDRs, which showed
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that he was in contact with accused No.9 and others during the
incident. The said CDRs have showed his presence at the DJ
Halli PS at the relevant time. The data collected from his digital
device contained the videos relating to the incident and speech
rendered by accused No.1. Hence, the trial Court was justified
in holding that there was prima-facie material against the
appellant.
Reg. Delay in trial:
14. So far as delay in trial, the trial Court in para 41 of
the impugned order has observed that the accused themselves
have delayed the trial by repeatedly filing applications and such
applications were filed consecutively by each of the accused,
though common advocate was representing same set of
accused. Having regard to that learned Special Public
Prosecutor was asked to submit the list of applications filed by
the accused and their results.
15. In Crl.A.No.1425/2025 relating to accused No.5 in the
very same case, when similar contention regarding delay in
trial was taken, the learned Special Public Prosecutor submitted
the statement of applications filed by the accused before the
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trial Court and this Court. The same is extracted herein, which
are as follows:
Bail Applications /Interim bail Applications
Sl. Date of
Name and number of Accused Date of filing Status
No. Disposal
1 Mohammed Tousif (A-12) 01.04.2021 Rejected 23.04.2021
2 Syed Afnan (A-25) 25.02.2021 Allowed 25.02.2021
3 Fairoz (A-26) 22.02.2021 Allowed 22.02.2021
4 Sadaf Baig (A-27) 22.02.2021 Allowed 22.02.2021
5 Masood Ahamed (A-28) 22.02.2021 Allowed 22.02.2021
6 Syed Akmal (A-29) 22.02.2021 Allowed 22.02.2021
7 Izaz Pasha (A-30) 22.02.2021 Allowed 22.02.2021
8 Syed Saitu (A-31) 01.03.2021 Allowed 01.03.2021
9 Sohrab Pasha @ Saurab Pasha (A-32) 22.02.2021 Allowed 22.02.2021
10 Syed Sameer (A-33) 22.02.2021 Allowed 22.02.2021
11 Saif Sha (A-34) 22.02.2021 Allowed 22.02.2021
12 Syed Nawaz (A-35) 22.02.2021 Allowed 22.02.2021
13 Mohammed Umar Farooq (A-36) 01.07.2021 Allowed 01.07.2021
14 Shabeer @ Allabakash (A-37) 19.03.2021 Allowed 19.03.2021
15 Irfan (A-38) 20.02.2021 Allowed 20.02.2021
16 Sawood Khureshi (A-39) 20.02.2021 Allowed 20.02.2021
17 Imran Khan (A-40) 20.02.2021 Allowed 20.02.2021
18 Juberullaha Khan @ Juber (A-41) 20.02.2021 Allowed 20.02.2021
19 Syed Arfath @ Arfta (A-42) 20.02.2021 Allowed 20.02.2021
20 Irfan (A-43) 22.02.2021 Allowed 22.02.2021
21 Roshan Jameer (A-44) 20.02.2021 Allowed 20.02.2021
22 Syed Shabaz (A-45) 20.02.2021 Allowed 20.02.2021
23 Syed Farman (A-46) 23.02.2021 Allowed 23.02.2021
24 Athiq Ahmed (A-47) 22.02.2021 Allowed 22.02.2021
25 Abdul Wajeed (A-48) 23.02.2021 Allowed 23.02.2021
26 Mohammed Arif (A-49) 20.02.2021 Allowed 20.02.2021
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27 Javeed (A-50) 20.02.2021 Allowed 20.02.2021
28 Arfath Pasha (A-51) 20.02.2021 Allowed 20.02.2021
29 Fayaz Sheikha Hussain (A-52) 20.02.2021 Allowed 20.02.2021
30 Nizamuddin (A-53) 20.02.2021 Allowed 20.02.2021
31 Sameer (A-55) 23.02.2021 Allowed 23.02.2021
32 Syed Pasha (A-56) 20.02.2021 Allowed 20.02.2021
33 Syed Nawaz (A-57) 22.02.2021 Allowed 22.02.2021
34 Abdul Rehman (A-58) 25.02.2021 Allowed 25.02.2021
35 Tanveer (A-59) 23.02.2021 Allowed 23.02.2021
36 Syed Salman (A-60) 26.02.2021 Allowed 26.02.2021
37 Irshad Ahmed (A-61) 23.02.2021 Allowed 23.02.2021
38 Hussain Sharif (A-62) 26.02.2021 Allowed 26.02.2021
39 Mubarak (A-63) 22.02.2021 Allowed 22.02.2021
40 Mohammed Irfan (A-64) 20.02.2021 Allowed 20.02.2021
41 Mohammed Tanveer Pasha (A-65) 20.02.2021 Allowed 20.02.2021
42 Muheeb Hussain (A-66) 20.02.2021 Allowed 20.02.2021
43 Thufel Ahmed (A-67) 20.02.2021 Allowed 20.02.2021
44 Mohammed Bilal (A-68) 20.02.2021 Allowed 20.02.2021
45 Mohammed Faiz Pasha (A-69) 20.02.2021 Allowed 20.02.2021
46 Mohammed Roshan Inayath (A-70) 20.02.2021 Allowed 20.02.2021
47 Tabrez Hussain (A-71) 20.02.2021 Allowed 20.02.2021
48 Faraz Pasha (A-72) 20.02.2021 Allowed 20.02.2021
49 Syed Zibran (Earlier A-73) 20.02.2021 Allowed 20.02.2021
50 Syed Safeer Ahmed (A-74) 20.02.2021 Allowed 20.02.2021
51 Syed Sameer Ahmed (A-75) 20.02.2021 Allowed 20.02.2021
52 Tauseef Ahmed (A-76) 20.02.2021 Allowed 20.02.2021
53 Altaf Pasha (A-77) 20.02.2021 Allowed 20.02.2021
54 Syed Fayaz Basha (A-78) 20.02.2021 Allowed 20.02.2021
55 Sameer (A-79) 20.02.2021 Allowed 20.02.2021
56 Mohammed Arshad (A-80) 20.02.2021 Allowed 20.02.2021
57 Shaik Altaf (A-81) 20.02.2021 Allowed 20.02.2021
58 Ansar (A-82) 20.03.2021 Allowed 20.03.2021
59 Shaik Ajmal Ansar (A-83) 20.02.2021 Allowed 20.02.2021
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60 Ayazuddin (A-84) 01.03.2021 Allowed 01.03.2021
61 Babu Sajjad (A-85) 22.02.2021 Allowed 22.02.2021
62 Syed Dadapeer (A-86) 09.03.2021 Allowed 09.03.2021
63 Syed Javeed (A-87) 22.02.2021 Allowed 22.02.2021
64 Syed Nawaz (A-88) 01.03.2021 Allowed 01.03.2021
65 Mohammed Arbaz (A-89) 12.03.2021 Allowed 12.03.2021
66 Mohammed Ifthekar (A-90) 26.02.2021 Allowed 26.02.2021
67 Syed Fazeel (A-91) 20.02.2021 Allowed 20.02.2021
68 Javed Shariff (A-92) 20.02.2021 Allowed 20.02.2021
69 Syed Mujahid (A-93) 01.03.2021 Allowed 01.03.2021
70 Imran Pasha (A-94) 20.02.2021 Allowed 20.02.2021
71 Mohammed Siddiq (A-95) 20.02.2021 Allowed 20.02.2021
72 Ahmed Ali Baig (A-96) 23.02.2021 Allowed 23.02.2021
73 Syed Altaf (A-97) 06.03.2021 Allowed 06.03.2021
74 Syed Sadik (A-98) 20.02.2021 Allowed 20.02.2021
75 Syed Usman (A-99) 26.02.2021 Allowed 26.02.2021
76 Touseef (A-100) 20.02.2021 Allowed 20.02.2021
77 Abdul Riyaz (A-101) 20.02.2021 Allowed 20.02.2021
78 Mehaboob Pasha (A-102) 20.02.2021 Allowed 20.02.2021
79 Sikander (A-103) 20.02.2021 Allowed 20.02.2021
80 Azgar Ahamed (A-104) 20.02.2021 Allowed 20.02.2021
81 Irfan (A-105) 20.02.2021 Allowed 20.02.2021
82 Salman Khan (A-106) 20.02.2021 Allowed 20.02.2021
83 Karim Pasha (A-107) 24.04.2021 Allowed 24.04.2021
84 Mohammed Liyakath (A-108) 04.03.2021 Allowed 04.03.2021
85 Syed Adnan (A-109) 24.05.2021 Allowed 24.05.2021
86 Shadab (A-110) 20.02.2021 Allowed 20.02.2021
87 Mohammed Abbas (A-111) 20.02.2021 Allowed 20.02.2021
88 Shaik Ameen (A-112) 20.02.2021 Allowed 20.02.2021
89 Syed Imthiyaz Ahmed (A-113) 20.02.2021 Allowed 20.02.2021
90 Mohammed Sawood (A-114) 20.02.2021 Allowed 20.02.2021
91 Mohammed Imran (A-115) 20.02.2021 Allowed 20.02.2021
92 Thousif Khan (A-116) 20.02.2021 Allowed 20.02.2021
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93 Mohammed Aftab (A-117) 20.02.2021 Allowed 20.02.2021
94 Arbaz Khan (A-118) 20.02.2021 Allowed 20.02.2021
95 Syed Shabaz (A-119) 20.02.2021 Allowed 20.02.2021
96 Mushthak Ahmed (A-120) 20.02.2021 Allowed 20.02.2021
97 Wasim (A-121) 20.02.2021 Allowed 20.02.2021
98 Mohammed Mudasir (A-122) 20.02.2021 Allowed 20.02.2021
99 Syed Yaseen (A-123) 20.02.2021 Allowed 20.02.2021
100 Shanur @ Shaanur (A-124) 20.02.2021 Allowed 20.02.2021
101 Afroz Alam @ Aproz Alam (A-125) 20.02.2021 Allowed 20.02.2021
102 Sheik Ameen (A-126) 20.02.2021 Allowed 20.02.2021
103 Syed Sikandar (A-127) 20.02.2021 Allowed 20.02.2021
104 Mohammed Azar (A-128) 20.02.2021 Allowed 20.02.2021
105 Firoz Khan (A-129) 20.02.2021 Allowed 20.02.2021
106 Syed Imran (A-130) 20.02.2021 Allowed 20.02.2021
107 Irfan Khan (A-131) 20.02.2021 Allowed 20.02.2021
108 Mukbul @ Maqbool (A-132) 20.02.2021 Allowed 20.02.2021
109 Tousif Pasha (A-133) 20.02.2021 Allowed 20.02.2021
110 Syed Imran @ Mirchi (A-134) 20.02.2021 Allowed 20.02.2021
Atteq Ahmed (A-16) 07.12.2021 Rejected 25.03.2022
Shafi Khan (A-17)
111 Shahid Pasha Vali (A-18)
Tabrez (A-23)
Abdul Baseer (A-24)
112 Suhail Basha (A-6) 30.06.2022 Rejected 20.07.2022
113 Suhail Basha (A-6) 21.09.2022 Withdrawn 10.10.2022
114 Mohammed Arbaj (A-89) 07.12.2022 Allowed 09.12.2022
115 Suhail Basha (A-6) 21.06.2023 Rejected 07.08.2023
116 Mohammed Tousif (A-12) 12.05.2023 Rejected 28.08.2023
117 Wajid Pasha (A-4) 31.10.2023 Allowed for 31.10.2023
1 day
118 Syed Khalid (A-9) 27.11.2023 Allowed for 27.11.2023
1 day
119 Farooq (A-15) 12.01.2024 Allowed for 23.01.2023
1 day
120 Baseer (A-24) 27.10.2022 Rejected 14.11.2024
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121 Abdul Wajeed (A-48) 20.01.2024 Allowed 23.01.2024
122 Ateeq Ahmed (A-16) 01.04.2024 Partly 11.04.2024
Allowed
123 Wajid Pasha (A-4) 16.04.2024 Allowed for 16.04.2024
1 day
124 Imran Khan (A-40) 19.06.2024 Rejected 22.06.2024
Mohammed Arif (A-49)
125 Suhail Basha (A-6) 01.07.2024 Allowed for 01.07.2024
1 day
126 Ateeq Ahmed (A-16) 15.07.2024 Rejected 30.07.2024
127 Mohammed Arbaj (A-89) 04.11.2024 Allowed 12.11.2024
128 Syed Nawaz (A-35) 05.11.2024 Allowed 12.11.2024
Irfan (A-105)
129 Afzal Basha (A-5) 05.03.2025 Rejected 24.03.2025
130 Wajid Pasha (A-4) 02.04.2025 Rejected 03.05.2025
131 Syed Pashavali (A-18) 11.06.2025 Withdrawn 12.06.2025
Mohammed Tousif (A-12) Dismissed
132 Shabaz (A-13) 21.05.2025 as 23.08.2025
Shameel Pasha (A-20)
withdrawn
Tanveer Khan (A-21)
133 Tabrez (A-23) 25.07.2025 Pending
134 Suhail Basha (A-9) 03.09.2025 Pending
Shafi Khan (A-17)
135 Shahid Pasha Vali (A-18) 03.09.2025 Pending
Tabrez (A-23)
Abdul Baseer (A-24)
Application seeking examination of sanction order
Sl.
Name and number of Accused Date of filing Status Date of Disposal
No.
A-1.Muzammil Pasha
A-2.Syed Masood
A-3.Syed Ayaz
A-4.Wajid Pasha KM
A-5.Afzal Basha
1 A-6.Suhail Basha 07.11.2024 Partly Allowed 10.02.2025
A-7.Rakib Sharif
A-8.Mohammed Zaid
A-9.Syed Khalid
A-10.Mudasir Ahamed
A-11.Mubarak @ Dicchi Mubarak
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A-15.Farooq
A-16.Ateeq Ahmed
A-17.Shafi Khan
A-18.Shahid Pasha Vali
A-19.Fairoz Pasha
A-22.Firdous Khan
A-23.Tabrez
Application for transfer of cases
Sl.
Name and number of Accused Date of filing Status Date of Disposal
No.
A-25, 27, 30, 32, 33,34,36, 37,
1 38, 46, 55, 56, 59, 60, 80, 88, 90, 21.08.2025 Rejected 24.03.2025
94, 97, 98, 99, 106 & 107
Application under Section 229 of Cr.P.C. (Plead Guilty)
Sl.
Name and number of Accused Date of filing Status
No.
1 Syed Khalid (A-9) 14.08.2025 Pending
Mohammed Tousif (A-12)
Shabaz (A-13)
Farooq (A-15) 19.08.2025
2 Pending
Shameel Pasha (A-20)
Tanveer Khan (A-21)
Firdous Khan (A-22)
Application for discharge
Sl.
Name and number of Accused Date of filing Status
No.
18.04.2022 Dismissed as
1 Fairoz Pash (A-19) Not pressed
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Petitions and Appeals filed before this Court
Sl. Last
Case No. Name and number of Accused Brief History of case Remarks
No. hearing
Rejected on
1 WP.18017/2021 Muzamil Pasha (A1) To quash the FIR 29.09.2021
05.04.2023
To declare Charge
sheet filed against him
Rejected on
2 WP.9277/2021 Ateeq Ahmed (A-16) is sham and fictitious 21.04.2021
05.04.2023
and stay operation of
UAPA
A-1.Muzammil Pasha
A-2.Syed Masood
A-3.Syed Ayaz Writ petition filed
A-4.Wajid Pasha KM challenging the partly
A-5.Afzal Basha order passed by NIA
A-6.Suhail Basha
court on 10.02.2025
A-7.Rakib Sharif
A-8.Mohammed Zaid wherein the Hon'ble
Dismissed
A-9.Syed Khalid NIA court summoned
3 WP.7017/2025 07.03.2025 on
A-10.Mudasir Ahamed documents related to
26.04.2025
A-11.Mubarak @ Dicchi Mubarak Sanction order from
A-15.Farooq MHA. Writ to quash
A-16.Ateeq Ahmed
impugned order dated
A-17.Shafi Khan
10.02.2025 & IA to
A-18.Shahid Pasha Vali
A-19.Fairoz Pasha stay proceedings
A-22.Firdous Khan
A-23.Tabrez
Petition filed by A-5 Dismissed
Afzal Basha as
4 Crl.P.5188/2025 Afzal Basha (A-5) challenging bail 03.04.2025 withdrawn
rejection order of NIA on
Court on 24.03.2025 30.06.2025
Appeal filed by A-12 Dismissed
Mohammed as
5 Crl.A.1810/2025 Mohammed Tousif (A-12) Tousif challenging bail 12.09.2023 withdrawn
application rejected by on
NIA special Court 13.08.2025
Dismissed
6 Crl.P.6141/2020 Syed Khalid (A-8) Grant of bail 05.11.2020 on
17.11.2020
Maheeb Hussain, Tufail Ahmed, Syed Challenging bail Dismissed
7 Crl.A.1308/2020 Sufair Ahmed and Syed Sameer rejection by NIA 14.12.2020 on
Ahmed Special Court 21.01.2021
Challenging bail Dismissed
8 Crl.A.1314/2020 Fairoz (A-19) rejection by NIA 02.12.2020 on
Special Court 27.01.2024
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Memo filed for
Dismissed
withdrawal of the
as
petition on the ground
9 WP.939/2021 Muzamil Pasha (A-1) 10.02.2021 withdrawn
that the police have
on
already filed charge
26.02.2021
sheet
Challenging the order
Syed Masood (A-2) dated 03.11.2020
Syed Ayaz (A-3) passed by the said
Syed Shabbir (A-37) Court on an
Shabaz (A-45) application filed by the
Syed Pasha (A-56) respondent-National
Abdul Rahman (A-58) Investigating Agency
Hussain Shariff (A-62) seeking extension of
Allowed on
10 WP.1299/2021 Tufail Ahmed (A-67) time for completion of 19.01.2021
10.06.2021
Mohammed Roshan Inayath (A-70) investigation and the
Syed Safeer Ahmed (A-74) order dated
Mohammed Arshad (A-80) 05.01.2021 passed by
Ayazudduin (A-84) the said Court
Mohammed Zaid (A-8) rejecting the
Syed Mujahid applications filed by
Syed Altaf (A-97) the petitioners under
Section 167(2)
Sawood Khureshi (A-39)
Imran Khan @ Imran (A-40)
Juberulla Khan @ Juber
(A-41)
Syed Arfath @ Arfath (A-42) Challenging the order
Syed Shahbaz (A-45) dated 03.11.2020
Mubarak (A-11) passed by the said
Arfath Pasha (A-51) Court on an
Fayaz (A-52) application filed by the
Nizamuddin (A-53) respondent-National
Mohammed Shafiq (A-54) Investigating Agency
Syed Imtiyaz Ahmed (A-113) seeking extension of
Allowed on
11 Crl.A.640/2021 Moahammed Sawood (A-114) time for completion of 30.11.2020
10.06.2021
Mohammed Irfan (A-64) investigation and the
Mohammed Roshan Inayath (A-70) order dated
Syed Zibran (A-73) 05.01.2021 passed by
Syed Safeer Ahmed (A-74) the said Court
Syed Sameer Ahmed (A-75) rejecting the
Arbaaz Khan (A-118) applications filed by
Sameer (A-79) the petitioners under
Syed Shabaz (A-119) Section 167(2)
Mohammed Arshad (A-80)
Musthak Ahmed (A-120)
Mohammed Mudaseer (A-122)
Sheik Ameen (A-126)
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Syed Khalid (A-9)
Mudasir Ahmed (A-10)
Dicchi Mubrak (A-11)
Mohammed Tousif (A-12) Challenging bail Dismissed
12 Crl.A.582/2021 Shabaz M (A-13) rejection by NIA 24.05.2021 on
Arif Pasha (A-14) Special Court 15.09.2021
Farooq (A-15)
Shameel Pasha (A-20)
Tanveer Khan (A-21)
Challenging bail Dismissed
13. Crl.A.576/2021 Syed Ikram Uddin (A-14) rejection by NIA 24.05.2021 on
Special Court 15.09.2021
Not comply
of office
Challenging bail
objections.
14. Crl.A.1067/2020 Syed Khalid (A-8) rejection by NIA 05.11.2020
Dismissed
Special Court
on
05.02.2021
Wajid Pasha (A-4)
Afzal Basha (A-5) Praying to set aside
Suhail Basha (A-6) the rejection order by Rejected on
15. WP.16167/2021 31.08.2021
Syed Khalid (A-9) NIA Special Court 12.12.2021
Fairoz Pasha (A-19) (Default bail)
Firdouse Khan (A-22)
Challenging bail Dismissed
16 Crl.A.1878/2022 Suhail Basha (A-6) rejection by NIA 17.10.2022 on
Special Court 14.06.2023
Challenging order of
NIA Court passed on
27.09.2021, rejecting
Allowed on
17 WP.19012/2021 Mujamil Pasha (A-1) the application filed by 21.10.2021
06.06.2022
the petitioner under
Section 207 of the
Cr.PC.
Ateeq Ahmed (A-16)
Shafi Khan (A-17) Seeking 16, 17, 18, 23 Dismissed
18 Crl.A.814/2022 Shahid Pasha Vali (A-18) & 24 seeking the relief 28.04.2022 on
Tabrez (A-23) of bail 19.07.2022
Abdul Baseer (A-24)
Allowed on
29.05.2024
Seeking medical bail
19 Crl.A.793/2024 Ateeq Ahmed (A-16) 10.06.2024 Granted 60
for 90 days
days
medical bail
Challenging bail Dismissed
Firoz Pasha (A-19 in DJ Halli case
20 Crl.A.47/2024 rejection by NIA 04.01.2024 on
and A-1 in KG Halli Case)
Special Court 15.02.2024
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Petition urged that A-
54 is minor and as Allowed on
21 WPHC. 80/2020 Shafiulla (A-54) 15.10.2020
such his detention is 09.02.2021
illegal.
Filed by A-6 Suhail
Basha to set aside Dismissed
22 Crl.A.1631/2023 Suhail Basha (A-6) impugned order dated 29.08.2023 on
10.02.2023 IA filed to 25.01.2024
call case diary
Syed Nawaz (A-35)
Irfan Pasha (A-43)
Roshan Jameer (A-44)
Syed Farman (A-46)
Athiq Ahmed (A-47)
Mohammed Tanveer (A-65)
Tabrez Hussain (A-71)
Thouseef Ahmed (A-76)
Ansar (A-82)
Dismissed
Syed Dadapeer (A-86) Criminal Petition is
as
Mohammed Ifthekar (A-90) filed to quash the
23 Crl.P.5626/2022 16.06.2022 withdrawn
Syed Salman @ Syed Mujahid charge sheet filed
on
(A-93) against them
27.03.2025
Imran Pasha (A-94)
Syed Altaf (A-97)
Thouseef (A-100)
Sikander (A-103)
Irfan (A-105)
Salman Khan (A-106)
Karim Pasha @ Lala (A-107)
Mohammed Liyakath (A-108)
Syed Adnan (A-109)
Review Petition
challenging the order Allowed on
24 RP.544/2023 Ateeq Ahmed (A-16) 15.11.2023
in Writ Petition 27.03.2025
16. The above statement clearly shows that the
accused themselves are delaying the proceedings, strategically
to make such delay a ground to seek bail. Examination of the
earlier orders of the trial Court on the official website of the
concerned Court shows that since 2021, though the matter was
being posted for hearing regarding framing of charges, by filing
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one or the other applications, accused themselves are causing
obstructions in achieving progress in the case. They further
show that as one or the other accused did not appear on the
appointed date, non-bailable warrants and proclamations were
being issued by the trial Court. Applications for bail or
discharge are being filed consecutively by individual accused
instead of filing them collectively, though many of them are
represented by common advocate. Other strategy is that they
keep changing advocates and changed lawyers seek
adjournments. Therefore delay cannot be attributed either to
the prosecution or to the trial Court. The accused being
themselves the cause for delay, cannot seek reward of bail for
such delay.
Reg. Parity:
17. There is no dispute that similarly situated accused
i.e. accused No.6 approached this Court in Crl.A.No.1631/2023
challenging rejection of his bail application. The same on
hearing came to be dismissed by this Court on 25.01.2024. The
said order has attained finality.
18. It was contended that co-accused is granted bail by
this Court in Crl.A.No.1722/2025 (21 NIA). Reading of the said
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order shows that that appeal arose out of Spl.Case
No.141/2021 not from Spl.Case No.152/2021 viz., the present
case. In that case the co-accused of appellant therein was
granted bail by Hon'ble Supreme Court and applying parity, bail
was granted to the said appellant. As this is totally different
case and overt acts are different, there is no merit in the
contention that parity applies.
19. Mahatma Gandhi famously stated, "The true source
of rights is duty. If we all discharge our duties, right will not be
far to seek". His another related quote is "Right is duty well
performed". Appellant is seeking bail on the ground that his
fundamental right to liberty under Article 21 of the Constitution
is violated. He gets that right only when he adheres to his
fundamental duties, encapsulated in Article 51A of the
Constitution.
20. For the purpose of this case, following fundamental
duties under Article 51A (c)(e)(i) of the Constitution are
relevant and the same reads as follows:
"51A. Fundamental duties.- It shall be the duty of
every citizen of India-
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(a) to abide by the Constitution and respect its
ideals and institutions, the National Flag and the
National Anthem;
(b) ...............................................................................
(c) to uphold and protect the sovereignty,
unity and integrity of India;
(d) ..............................................................................
(e) to promote harmony and the spirit of
common brotherhood amongst all the people of
India transcending religious, linguistic and regional
or sectional diversities; to renounce practices
derogatory to the dignity of women;
(f) ...............................................................................
(g) ..............................................................................
(h) ..............................................................................
(i) to safeguard public property and to abjure
violence."
21. Since there is prima-facie material to show that the
appellant had indulged in vandalizing the police station,
assaulted the police to obstruct them from discharging their
duties and caused them injuries, indulged in damage to the
public properties and violence denting harmony amongst the
people on religious lines, in breach of the above referred
fundamental duties and accused themselves have delayed the
proceedings, they cannot seek benefit of Article 21 of the
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Constitution. There is no merit in the contention that the
impugned order of the trial Court is unsustainable. Hence the
following:
ORDER
The appeal is dismissed.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
Akc
List No.: 1 Sl No.: 2
