Dismissed¶38

Mohammed Milon Biswas @ Melan v. State of Karnataka

Bail – National Investigation Agency Act, 2008, S.21(4)

Karnataka HC20 Jan 2026CRL.A/1345/2025

Download

Case brief

AI extract

What is this about?

Karnataka HC (DB) criminal appeal under S.21(4) NIA Act, 2008 by trafficking-case accused No.13 (offences under Ss.370, 343 r/w 149 IPC, S.14 Foreigners Act, Ss.3-7 ITP Act) against refusal of bail dated 18-12-2021 in Spl.C.C.No.1416/2021 (R.C.No.16/2021/NIA/DLI); appeal noted as infructuous after subsequent trial-Court rejection in Crl. Misc No.1885/2022 (10.03.2022); similar plea of accused No.14 earlier rejected (Crl.A.7/2024, 30.10.2024); trial near completion (80/130 witnesses); appellant allowed to withdraw appeal with liberty to approach trial Court; appeal dismissed (decided 20-01-2026).

What did the court decide?

Appellant permitted to withdraw the appeal with liberty to pursue the remedy before the trial Court, if appellant chooses. ¶38

Mohammed Milon Biswas @ Melan Vs State of Karnataka — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE H.P.SANDESH AND

¶7

THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.1345 OF 2025 (21(NIA) )

¶8

BETWEEN:

¶9

MOHAMMED MILON BISWAS @ MELAN S/O. KHALEEL BISWAS AGED ABOUT 41 YEARS RESIDING AT NO.9, DAYANANDA NILAYA BHAGYA LAYOUT, TC PALYA BENGALURU-560 049. RESIDING AT ADDRESS CHUNGAJAN PO, GOLAGHAT DISTRICT ASSAM-785 702.

¶10

…APPELLANT

¶11

(BY SRI RAKSHITH R., ADVOCATE)

¶12

AND:

¶13

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

¶14

STATE OF KARNATAKA BY NATIONAL INVESTIGATION AGENCY HYDERABAD, CAMP AT BENGALURU. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR.

¶15

…RESPONDENT

¶16

(BY SRI PRASANNA KUMAR P., SPECIAL PUBLIC PROSECUTOR)

¶17

¶18

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NATIONAL INVESTIGATION AGENCY ACT, 2008 PRAYING TO SET ASIDE THE ORDER BY TRIAL COURT IN SPL.C.NO.1416 OF 2021 DATED 18-12-2021 AND TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE APPELLANT ON BAIL IN SPL.C.C.NO.1416 OF 2021 ARISING OUT OF CRIME NO.185 OF 2021 WHICH IS RE-REGISTERED AND NUMBERED AS R.C.NO.16/2021/NIA/DLI DATED 13-7-2021 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 370, 343

¶19

¶20

NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025

¶21

HC-KAR

¶22

READ WITH 149 OF IPC, SECTION 14 OF FOREIGNERS ACT AND SECTIONS 3, 4, 5, 6 AND 7 ITP ACT OF NATIONAL INVESTIGATION AGENCY, PENDING ON THE FILE OF XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES), BENGALURU (CCH-50), WHEREIN THIS APPELLANT ARRAYED AS ACCUSED NO.13.

¶23

THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and

¶25

HON'BLE MR. JUSTICE VENKATESH NAIK T

¶26

ORAL JUDGMENT

¶27

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

¶28

Heard the learned counsel for the appellant and the learned counsel appearing for the respondent. The learned counsel for the respondent has filed a detailed statement of objections along with documents. It is brought to the notice of this Court that a similar application filed by accused No.14 was earlier rejected by this Court vide order dated 30.10.2024 in Criminal Appeal No.7/2024 (Annexure-R3).

¶29

It is further brought to the notice of this Court that after the passing of the impugned order, the present appeal was filed and subsequently another application was filed before the trial Court in Crl. Misc No.1885/2022, which also came to be rejected by order dated 10.03.2022. In view of the same, it

¶30

¶31

NC: 2026:KHC:2850-DB CRL.A No. 1345 of 2025

¶32

HC-KAR

¶33

is contended that the present appeal has become infructuous and that the subsequent attempt made by the appellant was also turned down by the trial Court.

¶34

At this juncture, the learned counsel for the appellant submits that the appellant may be permitted to withdraw the appeal with liberty to approach the trial Court. The learned counsel for the respondent submits that out of 130 witnesses, 80 witnesses have already been examined and it is in the end of the trial.

¶35