Karnataka High Court
Mr Mohammed Kaleem Ahmed vs National Investigation Agency on 12 September, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:36283-DB
CRL.A No.1729/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
CRIMINAL APPEAL NO.1729/2025 (21(NIA))
BETWEEN:
MR.MOHAMMED KALEEM AHMED
S/O MOHAMMED JAFFAR
AGED ABOUT 71 YEARS
R/AT NO.401, 4TH FLOOR
HONEY ENCLAVE, NEAR PETROL BUNK
SHAMPURA ROAD, GANDHINAGAR
K.G. HALLI, BENGALURU - 560 045 ...APPELLANT
(BY SRI.MOHAMMED TAHIR, ADVOCATE)
AND:
NATIONAL INVESTIGATION AGENCY
MINISTRY OF HOME AFFAIRS
BRANCH OFFICE, BENGALURU
3RD FLOOR, BSNL TELEPHONE EXCHANGE
Digitally HAL, 2ND STAGE, INDIRANAGAR
signed by K S BANGALORE - 560 008
RENUKAMBA REP. BY ITS SUPERINTENDENT OF POLICE ...RESPONDENT
Location:
High Court of (BY SRI.P.PRASANNA KUMAR, SPL.PP)
Karnataka
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF
NIA ACT, PRAYING TO SET ASIDE THE ORDER DATED 30.07.2025
PASSED BY THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, (SPECIAL COURT FOR TRIAL OF NIA CASES), (CCH 50),
BENGALURU IN SPL.C NO.141/2021 AT ANNEXURE-A.
THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
HON'BLE MR. JUSTICE M.G.S. KAMAL
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CRL.A No.1729/2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)
Learned Special Public Prosecutor submits medical report
of appellant in compliance with the order dated 09.09.2025.
2. This appeal is preferred by accused No.19 in Special
Case No.141/2021 on the file of XLIX Additional City Civil and
Sessions Judge,[Special Court for the trial of NIA cases] (CCH-
50) Bengaluru. The appellant and other accused in the said
case are being tried for the offences punishable under Sections
143, 147, 148, 353, 333, 332, 436, 427 read with Section 149
of IPC, Section 4 of the Prevention of Damage to Public
Property Act, 1984 and Sections 15, 16, 18 and 20 of the
Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act').
3. The charge was that accused with extremist
ideologies with an intention to commit terrorist acts, entered
into conspiracy and in execution of such conspiracy on
11.08.2020 at 8.45 p.m. they assembled near K.G Halli police
station seeking action against one P.Naveen on the ground that
he has made derogatory statement against Prophet Mohammed
and he shall be handed over to them. Despite police telling
already cases are registered, they vandalized the police station,
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set private and police vehicles on fire by throwing petrol packs,
assaulted police officers and caused injuries to them.
4. The appellant sought interim bail on the ground
that the appellant is suffering from hernia and he needs to
undergo surgery immediately. The trial Court has rejected the
application on the ground that the appellant has not been
advised to undergo any major surgery and required medical aid
is being provided in the jail.
5. Learned Special Public Prosecutor opposes the
application on the ground that required medical aid is being
provided in the jail.
6. In view of the contention that the appellant has to
undergo immediate surgery, the medical reports of the
appellants were called for. Learned Special Public Prosecutor
submitted the same. Those records show that the appellant
was diagnosed on 08.02.2025 with Right inguinal hernia and
planned for surgery. On 04.03.2025, again on examination he
was found to have Right inguinal hernia/Left grade II
Varicocele/Right minimal Hydrocele.
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7. The report further shows that on 08.03.2025, he
was evaluated by the Medicine team for surgery. But due to
non-allotment of escort on 13.05.2025, scheduled surgery did
not take place. The medical report says that presently also his
said medical condition continues and he is diagnosed with
Type-II Diabetes Mellitus, Hypertension, Right Inguinal Hernia
and planned for surgery. Again for want of escort, his
scheduled surgery on 11.09.2025 has not taken place.
8. The appellant is aged 71 years. Though the interim
bail for 60 days was sought, learned Counsel for appellant
submits that considering the condition of the appellant and his
age, he may require some more time for his recovery and post
operative home care.
9. Considering the medical report and his age, the
Court is satisfied that it is a fit case to grant 90 days interim
bail for the purpose of undergoing required surgery, with
suitable conditions. Hence the following:
ORDER
The appeal is allowed.
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The appellant is granted interim bail for a period of 90
days for undergoing surgery/medical treatment for his medical
condition subject to the following conditions:
(i) He shall execute personal bond in a sum of
Rs.1,00,000/- and furnish two sureties in the
likesum to the satisfaction of the trial Court;
(ii) He shall not indulge in any criminal activities;
(iii) He shall furnish his residential address proof during
the interim bail period;
(iv) He shall not leave the jurisdiction of Bengaluru
during the interim bail period;
(v) He shall submit his medical reports to the
investigating officer once in two weeks during the
bail period;
(vi) He shall appear before the Court whenever required
physically/virtually; and
(vii) He shall surrender before the trial Court on 91st day
from the date of his release.
Communicate copy of this order to the Trial Court and
concerned prison forthwith.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(M.G.S. KAMAL)
JUDGE
