Mr Mohammed Bilal Vs State of Karnataka

REJECTION ORDER DATED 17.05.2024 AND CONSEQUENTLY ENLARGE THE APPELLANT, I.E., ACCUSED NO.3 ON BAIL IN CR.NO.71/2022 OF PANAMBOORU P.S., NOW PENDING IN SPL.C.NO.793/2023 OF FOR OFFENCE P/U/S 121, 121A, 120B, 153A, 109 OF IPC AND SEC. 10, 13(1)(B), 18 UAPA 1967 ON THE FILE OF XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR TRIAL OF NIA CASES) (CCH-50).

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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

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Heard learned Senior Counsel Sri. M.S. Shyam Sundar representing Sri. Sunil Kumar S, learned counsel for the appellant/accused No.3 and also learned Addl. SPP Smt. Rashmi Jadhav appearing for the respondent/State.

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Having perused the appeal, the prayer is sought only for setting aside the rejection of bail order dated 17.05.2024 and consequently enlarge the appellant i.e., accused No.3 on bail in Crime No.71/2022 of Panambooru Police Station, now pending

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3 - NC: 2026:KHC:2929-DB CRL.A No. 1409 of 2024

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HC-KAR

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in Special Case No.793/2023 for the offences punishable under Sections 121, 121(A), 120(B), 153(A), 109 of IPC and Sections 10, 13(1)(B) and 18 of UA(P) Act, 1967 on the file of XLIX Additional City Civil and Sessions Judge, Special Court for trial of NIA cases(CCH-50), Bengaluru.

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Learned Senior Counsel would vehemently contend that the very initiation of proceedings against the appellant/accused No.3 is forbidden under law and he brought to notice of this Court to Section 6 of The National Investigation Agency Act, 2008 (for short 'NIA' Act), which refers to investigation of Scheduled offences and referring to sub-clauses (1) to (6) of Section 6, he would contend that the Agency ought not to have investigated the matter without prior approval of the Central Government or transfer the case to the State Government in terms of Section 7(b) of the NIA Act.

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Having considered the grounds urged before this Court, which were not raised before the trial Court and the challenge is made only with regard to the rejection of bail, learned Senior Counsel seeks permission of this Court to withdraw the appeal and raise all these grounds in a fresh bail

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4 - NC: 2026:KHC:2929-DB CRL.A No. 1409 of 2024

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HC-KAR

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petition before the trial Court. Learned Addl. SPP appearing for respondent State would submit that the appellant cannot seek liberty of this court and file a fresh bail petition before the trial Court.

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Having considered the submissions of learned Senior Counsel appearing for the appellant/accused No.3 and learned Addl. SPP appearing for the respondent/State, as the grounds urged in this appeal orally were not urged before the trial Court while seeking bail, hence, learned Senior Counsel is permitted to withdraw this appeal with liberty to approach the trial Court

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by filing a fresh bail petition, raising fresh grounds.

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Accordingly, the appeal is dismissed as withdrawn.

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Sd/(H.P.SANDESH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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MNList No.: 1 Sl No.: 9

Mr Mohammed Bilal v. State of Karnataka

Case brief

What is this about?

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Mr Mohammed Bilal v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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