Karnataka High Court
Sri. Wajid Pasha. K. M vs National Investigation Agency on 9 December, 2025
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NC: 2025:KHC:51823-DB
CRL.A No.2206/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.2206/2025 (21(NIA))
BETWEEN:
SRI WAJID PASHA. K.M.
S/O. LATE K.M.MUSTAFA
AGED ABOUT 50 YEARS
R/O. NO.216/2, SHIVARAJ ROAD
PERIYAR NAGAR, D. J. HALLI
BENGALURU - 560 045 ...APPELLANT
(BY SMT.SIDDIKA AISHA, ADVOCATE FOR
SRI.RAHAMATHULLA KOTHWAL, ADVOCATE)
AND:
NATIONAL INVESTIGATION AGENCY
BANGALORE
Digitally REP. BY ITS SPECIAL PUBLIC PROSECUTOR
signed by K S BENGALURU ...RESPONDENT
RENUKAMBA
Location: (BY SRI SACHIN C, ADVOCATE FOR
High Court of SRI.PRASANNA KUMAR P, SPL.P.P.)
Karnataka
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF
NIA ACT 2008 PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE ORDER DATED 03.05.2025 PASSED BY THE XLIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR THE TRIAL
OF NIA CASES), (CCH-50) BENGALURU IN SPL.C.NO.152/2021 IN
RC-34/2020/NIA/DLI AS PER ANNEXURE-A AND GRANT REGULAR
BAIL TO THE APPELLANT/ACCUSED NO.4 WAJID PASHA.K.M IN
SPL.C.NO.152/2021 NOW PENDING IN THE COURT OF XLIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT
FOR NIA CASES) AT BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 16, 18, 20 OF THE UNLAWFUL ACTIVITIES
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NC: 2025:KHC:51823-DB
CRL.A No.2206/2025
HC-KAR
(PREVENTION) ACT 1967 R/W SEC.120B, 143, 145, 147, 188, 427,
436, 353 READ WITH 34, 149 OF IPC AND SECTION 2 OF THE
KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF
PROPERTY ACT 1981.
THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED
ON 04.12.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Challenging the order of rejection of his bail application, accused No.4 in Spl.C.No.152/2021 on the file of XLIX Additional City Civil & Sessions Judge (Special Judge for the trial of NIA Cases) (CCH-50), Bengaluru has preferred this appeal.
2. Appellant and 145 others have been charge sheeted in the said case for the offences punishable under Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act'), Sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506 read with Sections 149 and 34 of IPC, Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 (for short 'KPDLP Act'). Against -3- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR appellant Sections 16, 18 and 20 of UAP Act, Sections 120B, 34, 149 read with Sections 143, 145, 147, 188, 427, 436 and 353 of IPC and Section 2 of KPDLP Act was invoked.
3. Appellant filed bail application before the trial Court claiming that he is falsely implicated in the case and he is in judicial custody since five years without trial. The same was opposed by the prosecution. The trial Court on hearing the parties by the impugned judgment and order has rejected his bail application on the following grounds:
(i) That there is material to show the involvement of the appellant in the crime.
(ii) Delay in trial is because of the calculated acts of the accused themselves. Therefore appellant cannot make the same as ground.
(iii) Section 43D(5) of UAP Act bars grant of bail as prima-facie case is forthcoming against the appellant.
The said order is challenged in the above case.
4. Heard both side.
5. Sri Siddika Aisha, learned Counsel for the appellant reiterating the grounds of appeal and grounds urged before the trial Court contended that the appellant is falsely implicated in -4- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR the case and he is in custody without trial since five years. She contended that co- accused is granted bail, therefore, appellant is entitled to bail. In support of her submissions, she relied on the following judgment:
i) Mohammed Kaleem Ahmed vs. NIA1
6. Per contra, Sri P.Prasanna Kumar, learned Special Public Prosecutor justifies the impugned order on the ground that there is sufficient material to show involvement of the appellant in antinational activities. He submits that the appellant did not even spare the police, the police station, delay in trial is not due to any act on the part of the prosecution, it was the strategy of the accused themselves which has led to the delay. So far as granting bail to some of the co-accused, he submits that they were not facing allegations of offences under UAP Act. Therefore parity does not apply, whereas the bail application of the similarly situated accused were rejected by the trial Court and confirmed by this Court and the Hon'ble Apex Court. He submits that the judgment in Crl.A.No.1722/2025 relied on by appellant's Counsel is 1 Crl.A.No.1722/2025 (DD 14.10.2025) -5- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR unconnected to this case and is not applicable. Whereas Crl.A.No.1425/2025 (21 (NIA)) preferred by accused No.4 against the similar order has been dismissed by this Court. He relies on the said judgment.
7. In support of his submissions, he relies on the following judgment:
i) National Investigating Agency vs. Zahoor Ahmed 2 Shah Watali
8. On hearing both sides and on examination of the materials on record, the point that arises for consideration is "whether the impugned order of rejection of the bail application of the accused is sustainable"?
Analysis
9. Case of the prosecution in brief is as follows:
(i) That prime accused in the case with some political aspirations to grab votes of Muslims, conspired to create unrest in the society on religious lines and in that direction to provoke others, accused No.19 made facebook post belittling Hindu deities to invoke reaction of Naveen, a nephew of Shri Akhanda Srinivasa Murthy, MLA of Pulakeshi Nagar constituency, tagged 2 (2019) 5 SCC 1 -6- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR him to the said post. In response to such post, Naveen posted some message about Prophet Mohammed on his facebook.
(ii) That on 11.08.2020 at 7.45 p.m. Moulvi named Sri Firdous Pasha had lodged the complaint before D.J.Halli Police Station against Naveen alleging blasphemy of Prophet Mohammed and hurting religious sentiments of persons belonging to particular religion. Based on such complaint, first information report was registered against him. Despite that at 8.00 p.m. appellant/accused No.4 accompanied by 50 persons gathered at D.J.Halli police station demanding arrest of Naveen. With extreme religious ideologies, on social network like Whatsapp, phone calls etc. he started instigating others to assemble at D.J.Halli police station. Thus huge number of accused assembled at D.J.Halli police station and started insisting to register their complaints though case was already registered. They started demanding to handover Naveen to them. Ultimately, the mob turned into assembly of 800 to 1500 people, shouting slogans against the police about pouring petrol and police station shall be burnt. Despite attempt of the police to control them, at 8.45 p.m. aggressive group forcibly entered into D.J.Halli police station with weapons, stones, -7- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR sticks, rods and started damaging the police station building and attacked the police personnel.
(iii) Ultimately, proclamation under Section 144 of Cr.P.C was imposed and through public announcement requisition was made to disperse the mob. But the mob did not heed to that.
Ultimately, mob over powering the police proceeded to cellar and set fire to sixty seven (67) vehicles including both four wheelers and two wheelers parked in the police station. The police resorted to lathi charge and tear gas charging. That also did not yield any result. After issuance of warning to the mob, police were forced to take recourse to firing to disperse the mob. The mob attempted to grab the weapons of the police. In police firing several people were injured, two persons died at the spot and many police personnel also suffered injuries in the hands of attackers.
10. The allegations against accused No.4/appellant is that being the member of such terrorist gang he conspired with co-accused and with common intention, he mobilized many people at the scene of offence, provoked them, gave them directions to get petrol, burn the Police Station and Police, which led to violent acts of damaging the property in the police -8- NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR station, obstructing the police from performing the duties and pouring petrol on vehicles and burning them.
Reg. Prima facie case:
11. So far as prima-facie case, appellant does not dispute occurrence of the incident, but claims that he is falsely implicated due to political rivalry. Legal principles in consideration of bail applications is no more res integra. In this regard, the Hon'ble Supreme Court in the judgment in Zahoor Ahmad Shah Watali 's case referred to supra, relying on several of its earlier judgments, has laid down the following principles:
(i) At the stage of consideration of bail application, the duty of the Court is to satisfy whether there are reasonable grounds for believing that accusation against the accused is prima-facie true;
(ii) For that purpose, the Court has to examine the materials or the evidence collected by the Investigating Officer with reference to the accusations;
(iii) Degree of satisfaction of prima-facie case at bail stage is lighter than such satisfaction at the stage of framing of charges or trial;-9-
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(iv) It is necessary on the part of the Court to see that culpability of the accused and involvement of the accused in commission of organized crime is direct or indirect;
(v) Antecedents and propensities of the accused, nature and the manner in which the offence is committed; &
(vi) Once the charges are framed, it would be safe to assume that a very strong suspicion is founded upon the materials before the Court.
12. The trial Court relied on the charge sheet materials and the statements of LWs.25, 28 to 32, 36, 37, 120 and 123 to speak about the incident, presence of appellant along with other accused. Those witnesses spoke about appellant along with other accused instigating other members of the mob to burn the Police station and the Police with Petrol, consequently mob vandalizing police station, pouring petrol and burning vehicles in the police station and obstructing the police from performing their duties. As per the statements of those witnesses the appellant even gave provocative interview to Youtube channel inciting the viewers and crowd against Police.
13. The Investigating Officer has seized the Mobile phone of the appellant and collected the CDRs, which showed
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR that he was in contact with accused No.9 and others during the incident. The said CDRs have showed his presence at the DJ Halli PS at the relevant time. The data collected from his digital device contained the videos relating to the incident and speech rendered by accused No.1. Hence, the trial Court was justified in holding that there was prima-facie material against the appellant.
Reg. Delay in trial:
14. So far as delay in trial, the trial Court in para 41 of the impugned order has observed that the accused themselves have delayed the trial by repeatedly filing applications and such applications were filed consecutively by each of the accused, though common advocate was representing same set of accused. Having regard to that learned Special Public Prosecutor was asked to submit the list of applications filed by the accused and their results.
15. In Crl.A.No.1425/2025 relating to accused No.5 in the very same case, when similar contention regarding delay in trial was taken, the learned Special Public Prosecutor submitted the statement of applications filed by the accused before the
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR trial Court and this Court. The same is extracted herein, which are as follows:
Bail Applications /Interim bail Applications Sl. Date of Name and number of Accused Date of filing Status No. Disposal 1 Mohammed Tousif (A-12) 01.04.2021 Rejected 23.04.2021 2 Syed Afnan (A-25) 25.02.2021 Allowed 25.02.2021 3 Fairoz (A-26) 22.02.2021 Allowed 22.02.2021 4 Sadaf Baig (A-27) 22.02.2021 Allowed 22.02.2021 5 Masood Ahamed (A-28) 22.02.2021 Allowed 22.02.2021 6 Syed Akmal (A-29) 22.02.2021 Allowed 22.02.2021 7 Izaz Pasha (A-30) 22.02.2021 Allowed 22.02.2021 8 Syed Saitu (A-31) 01.03.2021 Allowed 01.03.2021 9 Sohrab Pasha @ Saurab Pasha (A-32) 22.02.2021 Allowed 22.02.2021 10 Syed Sameer (A-33) 22.02.2021 Allowed 22.02.2021 11 Saif Sha (A-34) 22.02.2021 Allowed 22.02.2021 12 Syed Nawaz (A-35) 22.02.2021 Allowed 22.02.2021 13 Mohammed Umar Farooq (A-36) 01.07.2021 Allowed 01.07.2021 14 Shabeer @ Allabakash (A-37) 19.03.2021 Allowed 19.03.2021 15 Irfan (A-38) 20.02.2021 Allowed 20.02.2021 16 Sawood Khureshi (A-39) 20.02.2021 Allowed 20.02.2021 17 Imran Khan (A-40) 20.02.2021 Allowed 20.02.2021 18 Juberullaha Khan @ Juber (A-41) 20.02.2021 Allowed 20.02.2021 19 Syed Arfath @ Arfta (A-42) 20.02.2021 Allowed 20.02.2021 20 Irfan (A-43) 22.02.2021 Allowed 22.02.2021 21 Roshan Jameer (A-44) 20.02.2021 Allowed 20.02.2021 22 Syed Shabaz (A-45) 20.02.2021 Allowed 20.02.2021 23 Syed Farman (A-46) 23.02.2021 Allowed 23.02.2021 24 Athiq Ahmed (A-47) 22.02.2021 Allowed 22.02.2021 25 Abdul Wajeed (A-48) 23.02.2021 Allowed 23.02.2021 26 Mohammed Arif (A-49) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR 27 Javeed (A-50) 20.02.2021 Allowed 20.02.2021 28 Arfath Pasha (A-51) 20.02.2021 Allowed 20.02.2021 29 Fayaz Sheikha Hussain (A-52) 20.02.2021 Allowed 20.02.2021 30 Nizamuddin (A-53) 20.02.2021 Allowed 20.02.2021 31 Sameer (A-55) 23.02.2021 Allowed 23.02.2021 32 Syed Pasha (A-56) 20.02.2021 Allowed 20.02.2021 33 Syed Nawaz (A-57) 22.02.2021 Allowed 22.02.2021 34 Abdul Rehman (A-58) 25.02.2021 Allowed 25.02.2021 35 Tanveer (A-59) 23.02.2021 Allowed 23.02.2021 36 Syed Salman (A-60) 26.02.2021 Allowed 26.02.2021 37 Irshad Ahmed (A-61) 23.02.2021 Allowed 23.02.2021 38 Hussain Sharif (A-62) 26.02.2021 Allowed 26.02.2021 39 Mubarak (A-63) 22.02.2021 Allowed 22.02.2021 40 Mohammed Irfan (A-64) 20.02.2021 Allowed 20.02.2021 41 Mohammed Tanveer Pasha (A-65) 20.02.2021 Allowed 20.02.2021 42 Muheeb Hussain (A-66) 20.02.2021 Allowed 20.02.2021 43 Thufel Ahmed (A-67) 20.02.2021 Allowed 20.02.2021 44 Mohammed Bilal (A-68) 20.02.2021 Allowed 20.02.2021 45 Mohammed Faiz Pasha (A-69) 20.02.2021 Allowed 20.02.2021 46 Mohammed Roshan Inayath (A-70) 20.02.2021 Allowed 20.02.2021 47 Tabrez Hussain (A-71) 20.02.2021 Allowed 20.02.2021 48 Faraz Pasha (A-72) 20.02.2021 Allowed 20.02.2021 49 Syed Zibran (Earlier A-73) 20.02.2021 Allowed 20.02.2021 50 Syed Safeer Ahmed (A-74) 20.02.2021 Allowed 20.02.2021 51 Syed Sameer Ahmed (A-75) 20.02.2021 Allowed 20.02.2021 52 Tauseef Ahmed (A-76) 20.02.2021 Allowed 20.02.2021 53 Altaf Pasha (A-77) 20.02.2021 Allowed 20.02.2021 54 Syed Fayaz Basha (A-78) 20.02.2021 Allowed 20.02.2021 55 Sameer (A-79) 20.02.2021 Allowed 20.02.2021 56 Mohammed Arshad (A-80) 20.02.2021 Allowed 20.02.2021 57 Shaik Altaf (A-81) 20.02.2021 Allowed 20.02.2021 58 Ansar (A-82) 20.03.2021 Allowed 20.03.2021 59 Shaik Ajmal Ansar (A-83) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR 60 Ayazuddin (A-84) 01.03.2021 Allowed 01.03.2021 61 Babu Sajjad (A-85) 22.02.2021 Allowed 22.02.2021 62 Syed Dadapeer (A-86) 09.03.2021 Allowed 09.03.2021 63 Syed Javeed (A-87) 22.02.2021 Allowed 22.02.2021 64 Syed Nawaz (A-88) 01.03.2021 Allowed 01.03.2021 65 Mohammed Arbaz (A-89) 12.03.2021 Allowed 12.03.2021 66 Mohammed Ifthekar (A-90) 26.02.2021 Allowed 26.02.2021 67 Syed Fazeel (A-91) 20.02.2021 Allowed 20.02.2021 68 Javed Shariff (A-92) 20.02.2021 Allowed 20.02.2021 69 Syed Mujahid (A-93) 01.03.2021 Allowed 01.03.2021 70 Imran Pasha (A-94) 20.02.2021 Allowed 20.02.2021 71 Mohammed Siddiq (A-95) 20.02.2021 Allowed 20.02.2021 72 Ahmed Ali Baig (A-96) 23.02.2021 Allowed 23.02.2021 73 Syed Altaf (A-97) 06.03.2021 Allowed 06.03.2021 74 Syed Sadik (A-98) 20.02.2021 Allowed 20.02.2021 75 Syed Usman (A-99) 26.02.2021 Allowed 26.02.2021 76 Touseef (A-100) 20.02.2021 Allowed 20.02.2021 77 Abdul Riyaz (A-101) 20.02.2021 Allowed 20.02.2021 78 Mehaboob Pasha (A-102) 20.02.2021 Allowed 20.02.2021 79 Sikander (A-103) 20.02.2021 Allowed 20.02.2021 80 Azgar Ahamed (A-104) 20.02.2021 Allowed 20.02.2021 81 Irfan (A-105) 20.02.2021 Allowed 20.02.2021 82 Salman Khan (A-106) 20.02.2021 Allowed 20.02.2021 83 Karim Pasha (A-107) 24.04.2021 Allowed 24.04.2021 84 Mohammed Liyakath (A-108) 04.03.2021 Allowed 04.03.2021 85 Syed Adnan (A-109) 24.05.2021 Allowed 24.05.2021 86 Shadab (A-110) 20.02.2021 Allowed 20.02.2021 87 Mohammed Abbas (A-111) 20.02.2021 Allowed 20.02.2021 88 Shaik Ameen (A-112) 20.02.2021 Allowed 20.02.2021 89 Syed Imthiyaz Ahmed (A-113) 20.02.2021 Allowed 20.02.2021 90 Mohammed Sawood (A-114) 20.02.2021 Allowed 20.02.2021 91 Mohammed Imran (A-115) 20.02.2021 Allowed 20.02.2021 92 Thousif Khan (A-116) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR 93 Mohammed Aftab (A-117) 20.02.2021 Allowed 20.02.2021 94 Arbaz Khan (A-118) 20.02.2021 Allowed 20.02.2021 95 Syed Shabaz (A-119) 20.02.2021 Allowed 20.02.2021 96 Mushthak Ahmed (A-120) 20.02.2021 Allowed 20.02.2021 97 Wasim (A-121) 20.02.2021 Allowed 20.02.2021 98 Mohammed Mudasir (A-122) 20.02.2021 Allowed 20.02.2021 99 Syed Yaseen (A-123) 20.02.2021 Allowed 20.02.2021 100 Shanur @ Shaanur (A-124) 20.02.2021 Allowed 20.02.2021 101 Afroz Alam @ Aproz Alam (A-125) 20.02.2021 Allowed 20.02.2021 102 Sheik Ameen (A-126) 20.02.2021 Allowed 20.02.2021 103 Syed Sikandar (A-127) 20.02.2021 Allowed 20.02.2021 104 Mohammed Azar (A-128) 20.02.2021 Allowed 20.02.2021 105 Firoz Khan (A-129) 20.02.2021 Allowed 20.02.2021 106 Syed Imran (A-130) 20.02.2021 Allowed 20.02.2021 107 Irfan Khan (A-131) 20.02.2021 Allowed 20.02.2021 108 Mukbul @ Maqbool (A-132) 20.02.2021 Allowed 20.02.2021 109 Tousif Pasha (A-133) 20.02.2021 Allowed 20.02.2021 110 Syed Imran @ Mirchi (A-134) 20.02.2021 Allowed 20.02.2021 Atteq Ahmed (A-16) 07.12.2021 Rejected 25.03.2022 Shafi Khan (A-17) 111 Shahid Pasha Vali (A-18) Tabrez (A-23) Abdul Baseer (A-24) 112 Suhail Basha (A-6) 30.06.2022 Rejected 20.07.2022 113 Suhail Basha (A-6) 21.09.2022 Withdrawn 10.10.2022 114 Mohammed Arbaj (A-89) 07.12.2022 Allowed 09.12.2022 115 Suhail Basha (A-6) 21.06.2023 Rejected 07.08.2023 116 Mohammed Tousif (A-12) 12.05.2023 Rejected 28.08.2023 117 Wajid Pasha (A-4) 31.10.2023 Allowed for 31.10.2023 1 day 118 Syed Khalid (A-9) 27.11.2023 Allowed for 27.11.2023 1 day 119 Farooq (A-15) 12.01.2024 Allowed for 23.01.2023 1 day 120 Baseer (A-24) 27.10.2022 Rejected 14.11.2024
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR 121 Abdul Wajeed (A-48) 20.01.2024 Allowed 23.01.2024 122 Ateeq Ahmed (A-16) 01.04.2024 Partly 11.04.2024 Allowed 123 Wajid Pasha (A-4) 16.04.2024 Allowed for 16.04.2024 1 day 124 Imran Khan (A-40) 19.06.2024 Rejected 22.06.2024 Mohammed Arif (A-49) 125 Suhail Basha (A-6) 01.07.2024 Allowed for 01.07.2024 1 day 126 Ateeq Ahmed (A-16) 15.07.2024 Rejected 30.07.2024 127 Mohammed Arbaj (A-89) 04.11.2024 Allowed 12.11.2024 128 Syed Nawaz (A-35) 05.11.2024 Allowed 12.11.2024 Irfan (A-105) 129 Afzal Basha (A-5) 05.03.2025 Rejected 24.03.2025 130 Wajid Pasha (A-4) 02.04.2025 Rejected 03.05.2025 131 Syed Pashavali (A-18) 11.06.2025 Withdrawn 12.06.2025 Mohammed Tousif (A-12) Dismissed 132 Shabaz (A-13) 21.05.2025 as 23.08.2025 Shameel Pasha (A-20) withdrawn Tanveer Khan (A-21) 133 Tabrez (A-23) 25.07.2025 Pending 134 Suhail Basha (A-9) 03.09.2025 Pending Shafi Khan (A-17) 135 Shahid Pasha Vali (A-18) 03.09.2025 Pending Tabrez (A-23) Abdul Baseer (A-24) Application seeking examination of sanction order Sl.
Name and number of Accused Date of filing Status Date of Disposal No. A-1.Muzammil Pasha A-2.Syed Masood A-3.Syed Ayaz A-4.Wajid Pasha KM A-5.Afzal Basha 1 A-6.Suhail Basha 07.11.2024 Partly Allowed 10.02.2025 A-7.Rakib Sharif A-8.Mohammed Zaid A-9.Syed Khalid A-10.Mudasir Ahamed A-11.Mubarak @ Dicchi Mubarak
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR A-15.Farooq A-16.Ateeq Ahmed A-17.Shafi Khan A-18.Shahid Pasha Vali A-19.Fairoz Pasha A-22.Firdous Khan A-23.Tabrez Application for transfer of cases Sl.
Name and number of Accused Date of filing Status Date of Disposal No. A-25, 27, 30, 32, 33,34,36, 37, 1 38, 46, 55, 56, 59, 60, 80, 88, 90, 21.08.2025 Rejected 24.03.2025 94, 97, 98, 99, 106 & 107 Application under Section 229 of Cr.P.C. (Plead Guilty) Sl.
Name and number of Accused Date of filing Status No. 1 Syed Khalid (A-9) 14.08.2025 Pending Mohammed Tousif (A-12) Shabaz (A-13) Farooq (A-15) 19.08.2025 2 Pending Shameel Pasha (A-20) Tanveer Khan (A-21) Firdous Khan (A-22) Application for discharge Sl.
Name and number of Accused Date of filing Status No. 18.04.2022 Dismissed as 1 Fairoz Pash (A-19) Not pressed
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR Petitions and Appeals filed before this Court Sl. Last Case No. Name and number of Accused Brief History of case Remarks No. hearing Rejected on 1 WP.18017/2021 Muzamil Pasha (A1) To quash the FIR 29.09.2021 05.04.2023 To declare Charge sheet filed against him Rejected on 2 WP.9277/2021 Ateeq Ahmed (A-16) is sham and fictitious 21.04.2021 05.04.2023 and stay operation of UAPA A-1.Muzammil Pasha A-2.Syed Masood A-3.Syed Ayaz Writ petition filed A-4.Wajid Pasha KM challenging the partly A-5.Afzal Basha order passed by NIA A-6.Suhail Basha court on 10.02.2025 A-7.Rakib Sharif A-8.Mohammed Zaid wherein the Hon'ble Dismissed A-9.Syed Khalid NIA court summoned 3 WP.7017/2025 07.03.2025 on A-10.Mudasir Ahamed documents related to 26.04.2025 A-11.Mubarak @ Dicchi Mubarak Sanction order from A-15.Farooq MHA. Writ to quash A-16.Ateeq Ahmed impugned order dated A-17.Shafi Khan 10.02.2025 & IA to A-18.Shahid Pasha Vali A-19.Fairoz Pasha stay proceedings A-22.Firdous Khan A-23.Tabrez Petition filed by A-5 Dismissed Afzal Basha as 4 Crl.P.5188/2025 Afzal Basha (A-5) challenging bail 03.04.2025 withdrawn rejection order of NIA on Court on 24.03.2025 30.06.2025 Appeal filed by A-12 Dismissed Mohammed as 5 Crl.A.1810/2025 Mohammed Tousif (A-12) Tousif challenging bail 12.09.2023 withdrawn application rejected by on NIA special Court 13.08.2025 Dismissed 6 Crl.P.6141/2020 Syed Khalid (A-8) Grant of bail 05.11.2020 on 17.11.2020 Maheeb Hussain, Tufail Ahmed, Syed Challenging bail Dismissed 7 Crl.A.1308/2020 Sufair Ahmed and Syed Sameer rejection by NIA 14.12.2020 on Ahmed Special Court 21.01.2021 Challenging bail Dismissed 8 Crl.A.1314/2020 Fairoz (A-19) rejection by NIA 02.12.2020 on Special Court 27.01.2024
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR Memo filed for Dismissed withdrawal of the as petition on the ground 9 WP.939/2021 Muzamil Pasha (A-1) 10.02.2021 withdrawn that the police have on already filed charge 26.02.2021 sheet Challenging the order Syed Masood (A-2) dated 03.11.2020 Syed Ayaz (A-3) passed by the said Syed Shabbir (A-37) Court on an Shabaz (A-45) application filed by the Syed Pasha (A-56) respondent-National Abdul Rahman (A-58) Investigating Agency Hussain Shariff (A-62) seeking extension of Allowed on 10 WP.1299/2021 Tufail Ahmed (A-67) time for completion of 19.01.2021 10.06.2021 Mohammed Roshan Inayath (A-70) investigation and the Syed Safeer Ahmed (A-74) order dated Mohammed Arshad (A-80) 05.01.2021 passed by Ayazudduin (A-84) the said Court Mohammed Zaid (A-8) rejecting the Syed Mujahid applications filed by Syed Altaf (A-97) the petitioners under Section 167(2) Sawood Khureshi (A-39) Imran Khan @ Imran (A-40) Juberulla Khan @ Juber (A-41) Syed Arfath @ Arfath (A-42) Challenging the order Syed Shahbaz (A-45) dated 03.11.2020 Mubarak (A-11) passed by the said Arfath Pasha (A-51) Court on an Fayaz (A-52) application filed by the Nizamuddin (A-53) respondent-National Mohammed Shafiq (A-54) Investigating Agency Syed Imtiyaz Ahmed (A-113) seeking extension of Allowed on 11 Crl.A.640/2021 Moahammed Sawood (A-114) time for completion of 30.11.2020 10.06.2021 Mohammed Irfan (A-64) investigation and the Mohammed Roshan Inayath (A-70) order dated Syed Zibran (A-73) 05.01.2021 passed by Syed Safeer Ahmed (A-74) the said Court Syed Sameer Ahmed (A-75) rejecting the Arbaaz Khan (A-118) applications filed by Sameer (A-79) the petitioners under Syed Shabaz (A-119) Section 167(2) Mohammed Arshad (A-80) Musthak Ahmed (A-120) Mohammed Mudaseer (A-122) Sheik Ameen (A-126)
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR Syed Khalid (A-9) Mudasir Ahmed (A-10) Dicchi Mubrak (A-11) Mohammed Tousif (A-12) Challenging bail Dismissed 12 Crl.A.582/2021 Shabaz M (A-13) rejection by NIA 24.05.2021 on Arif Pasha (A-14) Special Court 15.09.2021 Farooq (A-15) Shameel Pasha (A-20) Tanveer Khan (A-21) Challenging bail Dismissed
13. Crl.A.576/2021 Syed Ikram Uddin (A-14) rejection by NIA 24.05.2021 on Special Court 15.09.2021 Not comply of office Challenging bail objections.
14. Crl.A.1067/2020 Syed Khalid (A-8) rejection by NIA 05.11.2020 Dismissed Special Court on 05.02.2021 Wajid Pasha (A-4) Afzal Basha (A-5) Praying to set aside Suhail Basha (A-6) the rejection order by Rejected on
15. WP.16167/2021 31.08.2021 Syed Khalid (A-9) NIA Special Court 12.12.2021 Fairoz Pasha (A-19) (Default bail) Firdouse Khan (A-22) Challenging bail Dismissed 16 Crl.A.1878/2022 Suhail Basha (A-6) rejection by NIA 17.10.2022 on Special Court 14.06.2023 Challenging order of NIA Court passed on 27.09.2021, rejecting Allowed on 17 WP.19012/2021 Mujamil Pasha (A-1) the application filed by 21.10.2021 06.06.2022 the petitioner under Section 207 of the Cr.PC.
Ateeq Ahmed (A-16) Shafi Khan (A-17) Seeking 16, 17, 18, 23 Dismissed 18 Crl.A.814/2022 Shahid Pasha Vali (A-18) & 24 seeking the relief 28.04.2022 on Tabrez (A-23) of bail 19.07.2022 Abdul Baseer (A-24) Allowed on 29.05.2024 Seeking medical bail 19 Crl.A.793/2024 Ateeq Ahmed (A-16) 10.06.2024 Granted 60 for 90 days days medical bail Challenging bail Dismissed Firoz Pasha (A-19 in DJ Halli case 20 Crl.A.47/2024 rejection by NIA 04.01.2024 on and A-1 in KG Halli Case) Special Court 15.02.2024
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR Petition urged that A-
54 is minor and as Allowed on 21 WPHC. 80/2020 Shafiulla (A-54) 15.10.2020 such his detention is 09.02.2021 illegal.
Filed by A-6 Suhail
Basha to set aside Dismissed
22 Crl.A.1631/2023 Suhail Basha (A-6) impugned order dated 29.08.2023 on
10.02.2023 IA filed to 25.01.2024
call case diary
Syed Nawaz (A-35)
Irfan Pasha (A-43)
Roshan Jameer (A-44)
Syed Farman (A-46)
Athiq Ahmed (A-47)
Mohammed Tanveer (A-65)
Tabrez Hussain (A-71)
Thouseef Ahmed (A-76)
Ansar (A-82)
Dismissed
Syed Dadapeer (A-86) Criminal Petition is
as
Mohammed Ifthekar (A-90) filed to quash the
23 Crl.P.5626/2022 16.06.2022 withdrawn
Syed Salman @ Syed Mujahid charge sheet filed
on
(A-93) against them
27.03.2025
Imran Pasha (A-94)
Syed Altaf (A-97)
Thouseef (A-100)
Sikander (A-103)
Irfan (A-105)
Salman Khan (A-106)
Karim Pasha @ Lala (A-107)
Mohammed Liyakath (A-108)
Syed Adnan (A-109)
Review Petition
challenging the order Allowed on
24 RP.544/2023 Ateeq Ahmed (A-16) 15.11.2023
in Writ Petition 27.03.2025
No.9277/2021
16. The above statement clearly shows that the
accused themselves are delaying the proceedings, strategically to make such delay a ground to seek bail. Examination of the earlier orders of the trial Court on the official website of the concerned Court shows that since 2021, though the matter was being posted for hearing regarding framing of charges, by filing
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR one or the other applications, accused themselves are causing obstructions in achieving progress in the case. They further show that as one or the other accused did not appear on the appointed date, non-bailable warrants and proclamations were being issued by the trial Court. Applications for bail or discharge are being filed consecutively by individual accused instead of filing them collectively, though many of them are represented by common advocate. Other strategy is that they keep changing advocates and changed lawyers seek adjournments. Therefore delay cannot be attributed either to the prosecution or to the trial Court. The accused being themselves the cause for delay, cannot seek reward of bail for such delay.
Reg. Parity:
17. There is no dispute that similarly situated accused i.e. accused No.6 approached this Court in Crl.A.No.1631/2023 challenging rejection of his bail application. The same on hearing came to be dismissed by this Court on 25.01.2024. The said order has attained finality.
18. It was contended that co-accused is granted bail by this Court in Crl.A.No.1722/2025 (21 NIA). Reading of the said
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR order shows that that appeal arose out of Spl.Case No.141/2021 not from Spl.Case No.152/2021 viz., the present case. In that case the co-accused of appellant therein was granted bail by Hon'ble Supreme Court and applying parity, bail was granted to the said appellant. As this is totally different case and overt acts are different, there is no merit in the contention that parity applies.
19. Mahatma Gandhi famously stated, "The true source of rights is duty. If we all discharge our duties, right will not be far to seek". His another related quote is "Right is duty well performed". Appellant is seeking bail on the ground that his fundamental right to liberty under Article 21 of the Constitution is violated. He gets that right only when he adheres to his fundamental duties, encapsulated in Article 51A of the Constitution.
20. For the purpose of this case, following fundamental duties under Article 51A (c)(e)(i) of the Constitution are relevant and the same reads as follows:
"51A. Fundamental duties.- It shall be the duty of every citizen of India-
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) ...............................................................................
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) ..............................................................................
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) ...............................................................................
(g) ..............................................................................
(h) ..............................................................................
(i) to safeguard public property and to abjure violence."
21. Since there is prima-facie material to show that the appellant had indulged in vandalizing the police station, assaulted the police to obstruct them from discharging their duties and caused them injuries, indulged in damage to the public properties and violence denting harmony amongst the people on religious lines, in breach of the above referred fundamental duties and accused themselves have delayed the proceedings, they cannot seek benefit of Article 21 of the
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NC: 2025:KHC:51823-DB CRL.A No.2206/2025 HC-KAR Constitution. There is no merit in the contention that the impugned order of the trial Court is unsustainable. Hence the following:
ORDER The appeal is dismissed.
Sd/-
(K.S.MUDAGAL) JUDGE Sd/-
(VENKATESH NAIK T) JUDGE Akc List No.: 1 Sl No.: 2