[Cites 7, Cited by 0]
Karnataka High Court
Muhammad Ibrahim Sha vs National Investigation Agency on 9 April, 2026
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2026:KHC:19781-DB
CRL.A No. 665 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO. 665 OF 2026
BETWEEN:
MUHAMMAD IBRAHIM SHA,
S/O MOHAMMED M.A,
AGED ABOUT 26 YEARS,
R/AT JEERMUKI HOUSE,
NEELLURUKEMRAJE VILLAGE AND POST,
SULLIA TALUK,
DAKSHINA KANNADA - 574 248.
...APPELLANT
(BY SRI. MOHAMMAD TAHIR, ADVOCATE (P/H))
AND:
NATIONAL INVESTIGATION AGENCY
Digitally
signed by REPRESENTED BY ITS
LAKSHMI T SUPERINTENDENT OF POLICE
Location:
High Court BRANCH OFFICE, BENGALURU
of Karnataka NO.3RD FLOOR, BSNL TELEPHONE EXCHANGE,
HAL 2ND STAGE, INDIRANAGAR
BANGALORE - 560 008.
...RESPONDENT
(BY SRI. P. PRASANNA KUMAR, SPL.PP (P/H))
THIS CRL.A IS FILED U/S 21(4) OF NIA ACT PRAYING TO
SET ASIDE THE ORDER DTD 07.04.2026 PASSED BY THE
HON'BLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE,
(SPECIAL JUDGE FOR TRIAL OF NIA CASES), (CCH-50),
BENGALURU IN SPL.C.NO.123/2023 AT ANNEXURE-A AND
-2-
NC: 2026:KHC:19781-DB
CRL.A No. 665 of 2026
HC-KAR
CONSEQUENTLY TO APPRECIATE THE APPLICATION FILED BY
THE APPELLANT AT ANNEXURE-D AND GRANT INTERIM BAIL
FOR A PERIOD OF 15 DAYS FROM 11.04.2026 TO 25.04.2026
WHEREIN THE APPELLANT ARRAYED AS ACCUSED NO.15 FOR
THE OFFENCES P/U/S 120B, 153A, 302 R/W 34 OF IPC, SEC.
16, 18 AND 20 OF UAPA, PENDING IN THE FILE OF HON'BLE
XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL
JUDGE FOR TRIAL OF NIA CASES), (CCH-50) IN
SPL.C.NO.123/2023, BENGALURU.
THIS 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)
Order dated 07.04.2026 passed by the Court of XLIX
Additional City Civil and Sessions Judge, (Special Court for
the Trial of NIA cases), (CCH-50) at, Bengaluru, in
Spl.C.No.123/2023 is assailed in this appeal preferred by
the appellant / accused No.15, under Section 21(4) of the
National Investigation Agency Act, 2008.
2. The appellant preferred an application under
Section 439(1) of Cr.P.C. seeking interim bail for a period
of 15 days from 11.04.2026 to 25.04.2026 for the purpose
NC: 2026:KHC:19781-DB
HC-KAR
of attending the marriage of his sister and on further
ground that his father is aged about 76 years and he is
suffering from cervical Spondylodiscitis with compressive
myelopathy and myelitis and currently his father is not
able to perform the ritual.
3. The trial Court vide impugned order rejected
the application seeking interim bail, however, permitted
the accused to attend the Nikah/marriage ceremony of his
sister from 10:00 a.m to 04:00 p.m. on 12.04.2026 with a
condition that he shall pay the escort charges in advance
as estimated by the Jail Authorities.
4. The learned Spl. PP contended that the trial
Court has granted the relief to the appellant permitting
him to attend the marriage of his sister and therefore,
there is no necessity to entertain the appeal. He
contended that the offence committed by the appellant is
serious in nature and if the appellant is enlarged on bail,
there are chances of fleeing from justice.
NC: 2026:KHC:19781-DB
HC-KAR
5. The appellant is arraigned as accused No.15 in
the case pending in Spl.C.No.123/2023 on the file of the
Court of XLIX Additional City Civil and Sessions Judge,
(Special Court for the Trial of NIA cases), (CCH-50) at,
Bengaluru. Charge sheet is filed for the offences
punishable under Section 120B, 153A, 302 read with
Section 34 of IPC and Section 16, 18 and 20 of the
Unlawful Activities (Prevention) Act, 1967.
6. At this stage we restrain from discussing the
merits of the case, as the prayer is to release the
appellant on bail for a limited period, to attend the
marriage of his sister. The fact that the marriage of his
sister is fixed on 11th to 13th of April, 2026 is not disputed.
Copy of the marriage certificate is produced at
Annexure-C. The Special Court while permitting the
appellant to attend the marriage ceremony has also
directed him to pay escort charges in advance as
estimated by the Jail Authorities.
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HC-KAR
7. Appellant has undertaken to furnish sufficient
surety to ensure his surrender before the Trial Court. The
appellant is in judicial custody from 05.11.2022. There is
no allegation or complaint against the conduct of the
appellant in the jail. In the given facts and circumstances
and on humanitarian consideration, we are inclined to
release the appellant on bail for a limited period, to attend
the marriage ceremony of his sister, scheduled from 11th
to 13th of April, 2026, imposing appropriate conditions.
Accordingly, the following:-
ORDER
i) The order dated 07.04.2026 passed by the
court of XLIX Additional City Civil and Sessions Judge
(Special Court for the Trial of NIA cases), (CCH-50) at,
Bengaluru), in Spl.C.No.123/2023 is hereby set aside.
ii) Appellant / accused No.15 is directed to be
released on bail on his executing a bond in a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties
for the likesum to the satisfaction of the Trial court.
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HC-KAR
iii) Appellant shall surrender before the trial Court
on or before 11:00 a.m. on 15th April 2026.
iv) He shall furnish the contact number and
residential address proof and shall be available to the
Investigating Officer whenever his presence is necessary.
Appeal is disposed of.
I.A.No.1/2026 is disposed of.
Registry is directed to communicate this order to
concerned Court as well as Jail Authority.
Hand delivery of this order is permitted.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
LDC
List No.: 1 Sl No.: 21
