Bail appeal by accused No.19 in an NIA case concerning the murder of Praveen Nettaru and alleged PFI conspiracy under UAP Act. The High Court found prima facie material of his involvement in recceing targets and the conspiracy and dismissed the appeal, upholding the Section 43D bar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:47852-DB CRL.A No.841/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CRIMINAL APPEAL NO.841/2024 (21(NIA))
BETWEEN:
MR. N. ABDUL HARIS S/O N. ISMAIL AGED ABOUT 41 YEARS R/AT. 5-22-5, BOODU HOUSE BELLARE POST AND VILLAGE SULLIA TALUK
DAKSHINA KANNADA DISTRICT – 574 212. …APPELLANT
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
(BY SMT. ABHINAYA K, ADVOCATE A/W SRI. K.V. MANOJ, ADVOCATE)
AND:
STATE OF KARNATAKA BY NATIONAL INVESTIGATION AGENCY BENGALURU (REPRESENTED BY P. PRASANNA KUMAR SPECIAL PUBLIC PROSECUTOR) HIGH COURT BUILDING BANGALORE – 560 001. … RESPONDENT
(BY SRI. P. PRASANNA KUMAR, SPL. PP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NIA ACT, 2008, PRAYING TO SET ASIDE THE ORDER DATED 15.02.2024 IN SPL.C.NO.123/23 PASSED BY LEARNED XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES) (CCH-50), BENGALURU CITY AND TO ENLARGE HIM ON BAIL IN SPL.C.NO.123/23 (CRIME NO.63/2022 REGISTERED WITH THE BELLARE POLICE STATION, THEREAFTER RE-REGISTERED WITH NATIONAL INVESTIGATION AGENCY, NEW DELHI IN RC36/2022/NIA/DLI) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 153A, 302 R/W 34 IPC, 1860, SECTIONS 16, 18 AND 20 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
( PER: HON'BLE MRS JUSTICE K.S.MUDAGAL )
Challenging the dismissal of his bail application, accused No.19 in Spl.Case No.123/2023 on the file of the XLIX Addl. City Civil and Sessions Judge (Special Court for trial of NIA cases) Bengaluru City (CCH-50), has preferred this appeal.
The Popular Front of India (for short, PFI) is an organization which identifies gullible and impressionable Muslim youths, recruit them to PFI and radicalize them by showing the videos of Babri Masjid, alleged atrocities against Muslims, etc.
Campus Front of India, is the students group wing of PFI, National Women's Front is the women's front of PFI and SDPI is the political wing of PFI and there are some other associations/affiliates to the PFI. To achieve their ideologies, the members of PFI formed service teams to identify, list, recce and kill prominent Hindu leaders with lethal weapons to strike terror. Based on the instructions of senior members of PFI, the members of such service teams target and kill the listed targeted Hindu leaders. Fit persons among such service teams were selected through selection process. After selection, they used to be given arms training in Freedom Community Hall of Mittur Village by PFI leaders. After murder of one Masoor in Kalanja Village on 19.07.2022, accused No.4 instructed accused No.1 Shiyab to form a service team to identify, list and recce prominent Hindu community leaders in and around Bellare village for target killing. Based on such instructions, accused Nos.1, 7, 8, 13, 15 and 16 conducted conspiracy with accused No.4 in PFI office, Sullia town. In furtherance of such conspiracy, accused Nos.7, 8, 12, 17, 18 and 19 (appellant) identified, listed and recced Praveen (victim), Prashanth (CW60), Prithviraj (CW-58) and Protected witness 'O' from 21.7.2022 to 24.7.2022 for target killing. On 23.7.2022, the
higher-ups in PFI granted approval to the aforesaid accused for target killing. Accused Nos.5 and 6 also attended the said meeting. In furtherance of such conspiracy, accused No.4 instructed accused No.1 to form a team to kill Praveen Nettaru and other prominent Hindu community leaders listed by the said group. Accused No.1 conducted a conspiracy meeting on 24.07.2022 in Sullia Town and in the said meeting, accused Nos.7 and 8 proposed the names of Praveen, Prashanth, Prithviraj and Protected witness 'O' as the targets for killing to strike terror amongst Hindu people. In furtherance of such conspiracy, accused numbers 1 to 4, 7, 8, 12 to 19, recced the above said 4 persons between 24.07.2022 to 26.07.2022. On 26.07.2022 at 8.30 p.m. on getting the information from accused No.4 about the presence of Praveen Nettaru in his chicken shop in Bellare Village, accused Nos.1 to 3 reached that place and assaulted him with longs and machettes in full public view and escaped from the scene of crime. Accused No.20 harboured them in Madikeri town, Koppa village and in a village in Chamarajanagar District.
accused Nos.7, 8, 12, 17 and 18 identified prominent Hindu community leaders in and around Bellare Village between 21.07.2022 to 23.07.2022. He assisted co-accused persons from Sullia area and accused Nos.1 to 3, 13 to 16 to recce and kill targeted persons.
Submissions of Smt.Abhinaya K. and Sri.K.V.Manoj, learned counsel for the appellant
NC: 2024:KHC:47852-DB CRL.A No.841/2024
Praveen had informed them about the accused recceing them, CW-58 and CW-60 do not whisper anything about that. CW-1 to 7 and 5 do not name appellant as the person who was recceing Praveen. The arrest of appellant was based on voluntary statements of CW-12 and CW-18. However, in the remand application, there was no whisper about those voluntary statements. Accused and the deceased belonged to the same village, so it is natural and probable appellant phoning co-accused. Even those alleged acts were not proximate to the time of incident. The appellant is in custody since two years. There are 282 charge sheet witnesses. Against appellant there is no allegation of assault on the victim. Under such circumstances, if the trial is delayed and ultimately appellant is acquitted, the damage caused to the liberty of the appellant cannot be reversed. In support of his submissions, he relies on the following judgments:
1 2024 SCC OnLine SC 1945
2 (2024) 8 SCC 293
3 2024 SCC OnLine SC 1693
4 (2024) 6 SCC 591
NC: 2024:KHC:47852-DB CRL.A No.841/2024
Submissions of Sri. P. Prasanna Kumar, learned Special Public Prosecutor .
5 2023 SCC OnLine SC 885
NC: 2024:KHC:47852-DB CRL.A No.841/2024
the member of the group which conspired to commit terrorist
act and participated in the conspiracy and preparatory acts which are punishable under Sections 16, 18 and 20 of the UAP Act. Therefore, bar under Section 43D of the UAP Act is attracted. So far as allegations of delay in trial, accused themselves are seeking time for hearing before charge. Therefore, the matter is being adjourned. The materials on record sufficiently show that there are grounds to believe that the appellant has committed the aforesaid offences. Under the circumstances, the judgments relied on by the learned counsel for the appellant are not applicable. In support of their submissions, he relies on the following judgments:
examining the material on record, the point that arises for consideration of the Court is "Whether the Trial Court was justified in rejecting the bail application of the appellant?"
7 Crl.A.No.2248/2023 DD.08.02.2024
8 Crl.A.No.90/2023 DD.26.06.2023
9 (2019) 5 SCC 1
ANALYSIS
facie material of the involvement of the accused in such crime
is the question. Hon'ble Supreme Court in Zahoor Ahmad Shah Watali's case referred to supra has held that, the degree of satisfaction at the bail stage is lighter than the degree of satisfaction required while considering the application for discharge of the accused or in trial. The Court has to examine the material to find out the probability of the involvement of the accused in the crime and the principles of strict proof of evidence beyond reasonable doubt is not applicable at that stage.
"37. In the case of Zahoor Ahmad Shah Watali (supra), it has been held that the expression “prima facie true” would mean that the materials/evidence collated by the investigating agency in reference to the accusation against the accused concerned in the chargesheet must prevail, unless overcome or disproved by other evidence, and on the face of it, materials must show complicity of such accused in the commission of the stated offences. What this ratio contemplates is that on the face of it, the accusation against the accused ought to prevail. In our opinion, however, it would not satisfy the prima facie
“test” unless there is at least surface-analysis of probative value of the evidence, at the stage of examining the question of granting bail and the quality or probative value satisfies the Court of its worth. In the case of the appellants, contents of the letters through which the appellants are sought to be implicated are in the nature of hearsay evidence, recovered from co-accused. Moreover, no covert or overt terrorist act has been attributed to the appellants in these letters, or any other material forming part of records of these two appeals. Reference to the activities of the accused are in the nature of ideological propagation and allegations of recruitment. No evidence of any of the persons who are alleged to have been recruited or have joined this “struggle” inspired by the appellants has been brought before us. Thus, we are unable to accept NIA's contention that the appellants have committed the offence relating to support given to a terrorist organisation."
[Emphasis supplied]
that the verdict in Zahoor Ahmad Shah Watali's case referred to supra regarding degree of satisfaction was not at all diluted. After extracting the principle laid down in Zahoor
Ahmad Shah Watali's case referred to supra , the Hon'ble Supreme Court in Vernon's case held that there was no prima facie material against the appellants therein, they were implicated based on the hearsay evidence and evidence recovered from co-accused. It was further held that in the letters relied in the said case, no covert or overt terrorist act had been attributed to them. Therefore, the submission that
the ratio laid down in Zahoor Ahmad Shah Watali's case was
diluted in Vernon's judgment deserves no merit.
NC: 2024:KHC:47852-DB CRL.A No.841/2024
NC: 2024:KHC:47852-DB CRL.A No.841/2024
in the crime to them, CW-58 himself in his statement does not
whisper anything about that. Such inconsistency is fatal to the case of the prosecution, thereby prima-facie proof fails. As per the records, the statement of CW-58 was recorded on 01.08.2022 and the statement of F & Q was recorded on 08.10.2022 & 10.10.2022 respectively. The statement of protected witness 'F' does not indicate that CW-58 informed him about the involvement of the appellant. But he has stated that victim Praveen and his wife expressed before him about their concern of some PFI people continuously moving around the shop of the victim, but Praveen had no sufficient funds to install CCTV in his shop. In his statement he has further stated that Praveen showed five persons on two bikes moving around in front of his shop. Therefore, there is no merit in the contention that as per the statement of Protected witness 'F', CW-58 revealed the involvement of the appellant.
NC: 2024:KHC:47852-DB CRL.A No.841/2024
recceing Praveen and Prashant in Bellare. Since he was not acquainted with the appellant, test identification parade was conducted for protected witness 'Q'. In the test identification parade, he said to have identified the appellant. It is contended by the appellant's counsel that in test identification parade, the Executive Magistrate has facilitated easy identification of the appellant by involving dissimilar persons. But at this stage nothing is available to draw such inference against the Executive Magistrate.
have stated that some of them had seen the appellant while he
was recceing the deceased. Protected witness 'F' has clearly stated that deceased divulged to him the name of the appellant as the person who was recceing him, which amounts to his dying declaration. Therefore, at this stage, it cannot be said that the appellant was implicated in the case only based on the voluntary statement of co-accused.
NC: 2024:KHC:47852-DB CRL.A No.841/2024
co-accused viz., accused Nos.7, 8, 12, 17 and others on the vehicles along with them.
Trial Court and confirmed by this Court. That fact also militates
against the appellant.
find any error in the conclusion of the Trial Court that there is prima-facie material to show that the appellant was part of the
terrorist association/gang which intended to strike terror on religious lines, he was also a member of conspiracy and participated in the preparatory acts of commission of murder of Praveen Nettaru. Under such circumstances, the Trial Court is justified in holding that Section 43D of the UAP Act gets attracted and bail cannot be granted, more particularly, when the bail applications of similarly situated accused i.e., accused Nos.9 to 11 were rejected and confirmed by this Court.
Sd/(K.S.MUDAGAL) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
RV/BSR List No.: 1 Sl No.: 24
2 issues framed by the court
Whether there is prima facie material showing the appellant's involvement in the conspiracy to murder Praveen Nettaru so as to attract the bail bar under Section 43D UAP Act?
Whether inconsistencies in witness statements and reliance on protected witnesses and co-accused statements undermine the prima facie case?
Colour shows how this judgement treated each authority
Jalaluddin Khan Vs. Union of IndiaExplained¶12
2024 SCC OnLine SC 1945 · Who else cites this
Sheikh Javed Iqbal Alias Ashfaq Ansari Alias Javed Ansari Vs. State of Uttar PradeshReferred
(2024) 8 SCC 293 · Who else cites this
Javed Gulam Nabi Shaikh Vs. State of Maharashtra & Anr.Referred
2024 SCC OnLine SC 1693 · Who else cites this
Shoma Kanti Sen Vs. State of Maharashtra And AnotherReferred
(2024) 6 SCC 591 · Who else cites this
Vernon Vs. State of Maharashtra And AnotherExplained¶10
2023 SCC OnLine SC 885 · Who else cites this
National Investigation Agency Vs. Zahoor Ahmad Shah WataliFollowed¶9
(2019) 5 SCC 1 · Who else cites this
Ismail Shafi & Ors. Vs. NIAReferred
Crl.A.No.1094/2023 DD.29.09.2023
Mazin Abdul Rahman Vs. NIAReferred
Crl.A.No.2248/2023 DD.08.02.2024
Faraz Pasha Vs. NIAReferred
Crl.A.No.90/2023 DD.26.06.2023
4 provisions across 3 enactments
N. Abdul Haris
State of Karnataka by National Investigation Agency, Bengaluru
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
