Bangalore District Court
Ccb, Pulikeshi Nagara P.S vs A5 Riyaz Bhatkal on 16 December, 2024
KABC010128842016
IN THE COURT OF THE XLIX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE [SPECIAL COURT FOR THE TRIAL OF
NIA CASES], (CCH-50), BENGALURU
DATED : 16th day of December, 2024
PRESENT:
SRI GANGADHARA C.M.,
B.Com., LL.B.,
XLIX Additional City Civil & Sessions Judge,
[Special Judge for trial of NIA Cases],
(CCH-50), Bengaluru.
Spl.C.No. 239/2016
Complainant The State of Karnataka by Pulikeshi Nagar
Police Station, CCB (Special Enquiry),
Bengaluru.
(By : Learned Spl. Public Prosecutor)
V/s.
Accused No. 8 Mr. Jainullabuddin, S/o Abdul Razaq Sheik,
Aged about 29 years, R/o 252, (Old No. 53),
Siddiq Street, Bhatkal, Uttara Kannada.
(By : Sri Tahir Ahamed, Advocate)
1. Nature of Offence : U/Ss.120-B, 121, 121-A,
511 r/w 149 of the IPC,
Ss.3, 10, 13, 16, 18, 20, 38
and 23 of the Unlawful
Activities (Prevention) Act,
1967, and Ss.4, 5 & 6 of
Explosive Substances Act,
1908.
2. Date of Commission of : From 2004 till his arrest
Offence
2
Spl.C.No. 239/2016
3. Date of F.I.R. : 08.01.2015
4. Date of Arrest of the : Accused No. 8 is produced
Accused under body warrant on
26.09.2019
5. Name of the complainant : Sri K.P. Ravikumar
6. Date of Commencement : 02.12.2021
of Evidence
7. Date of Closure of : 22.09.2022
Evidence
8. Date of Pronouncement : 16.12.2024
of Judgment
Order on sentence
: NIL
pronounced
9. Result of the Case : Accused No.8 is acquitted
of the offences punishable
under Ss.120-B, 121-A of
the IPC, Ss. 13, 16, 18, 20,
23 and 38 of the Unlawful
Activities (Prevention) Act,
1967, and Ss. 4, 5 and 6 of
the Explosive Substances
Act, 1908.
(GANGADHARA C.M.),
XLIX Addl. City Civil & Sessions Judge,
(Special Judge for trial of NIA Cases),
(CCH-50) - Bengaluru.
JUDGMENT
The Investigating Officer, Sri M.K. Thammaiah, the Assistant Commissioner of Police, Central Crime Branch (hereinafter referred to as 'CCB'), Bengaluru City, has submitted the charge-sheet against the accused persons for offences punishable under Sections 120B, 121A, 511 read with Section 3 Spl.C.No. 239/2016 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC'), Sections 4 to 6 of the Explosive Substances Act, 1908, and Sections 10, 13, 16, 18, 20, 23, and 38 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'the U.A.(P) Act').
2. The facts of the prosecution case in nutshell are as follows:
a) On 06.01.2015, based on credible intelligence regarding suspects involved in Crime No. 309/2014 of Cubbon Park Police Station, the Joint Commissioner of Police (Crime) Bengaluru City issued a directive to a team of officers, including PW.8, Sri M.K. Thammaiah, ACPs Sri A.B. Rajendra Kumar and Sri H. Siddappa, PIs Sri K. Ramrao, Sri Balegowda, Sri Anand Kaburi, Sri K. Prakash, Sri Hanumantharaya, and Sri Srinivasa, to travel to Bhatkal to trace the suspects. Upon arrival in Bhatkal, the team gathered information indicating that the suspects had left for Bengaluru by train. PW.8, Sri M.K. Thammaiah, relayed this information to his superior officers and PW.6, Sri K.P. Ravikumar. In response, PW.6 coordinated a team of officers, including Sri Veerendra Prasad, Sri Sreedhar Poojar, Sri Rangappa, Sri Dayanand, and others, to proceed to the Bengaluru City Railway Station for further action.
(b) PW.6, Sri K.P. Ravikumar, secured panch witnesses, Sri Mahesh S. and Sri Manjunath N., and observed the suspects deboarding a train at Bengaluru City Railway Station. The suspects then continued their journey by private taxi and the team followed them. The suspects arrived at Vineyard 4 Spl.C.No. 239/2016 Residency, Cocks Town, and proceeded to the 4th floor of the building. Upon confronting accused Nos. 1 and 2, they revealed that explosive substances were stored in the house of accused No. 2, with accused No. 3 tasked with guarding the property in Bhatkal. PW.6 informed PW.8, Sri M.K. Thammaiah, of this disclosure. In the presence of the panch witnesses, PW.6 recovered a laptop, a mobile phone, and a passport from accused No. 1, and a mobile phone from accused No. 2, under a mahajar. PW.6 then proceeded to Pulikeshi Nagar Police Station, where he handed over the accused, along with the seized articles and the mahajar, to Sri H.J. Thippeswamy, and lodged the first information statement. Based on the written first information statement provided by PW.6, Sri H.J. Thippeswamy registered a case under Crime No. 11/2015, for the offences punishable under Sections 3, 10, 13, and 18 of the U.A.(P) Act, Sections 120B and 121 of the IPC, and Sections 4, 5, and 6 of The Explosive Substances Act.
(c) Based on the information provided by PW.6, Sri K.P. Ravikumar, PW.8, Sri M.K. Thammaiah, enlisted the assistance of the local police to conduct a search at the house of accused No. 2. He secured panch witnesses, Sri Ramesh Era, and Sri Eshwar, and conducted a raid, seizing 28 articles from accused No. 2's house under a mahajar. After sealing the house with a new lock, PW.8 handed the key to Sri Prashanth Nayak, and submitted the seized items to the Station House Officer (SHO) of Bhatkal Rural Police Station. The SHO subsequently reported the seizure to the jurisdictional Magistrate and obtained court 5 Spl.C.No. 239/2016 permission to transport the articles to Bengaluru. In addition, PW.8 apprehended accused No. 3 in Bhatkal.
(d) On 08.01.2015, the Joint Commissioner of Police (Crime), Bengaluru City, issued a memo directing Sri H.M. Omkaraiah, to take over the investigation of Crime No. 11/2015 of Pulikeshi Nagar Police Station. Following the directive, Sri H.M. Omkaraiah assumed responsibility for the case on the same day. He then recorded the statements of Sri Mahesh, Sri Manjunath, Sri Rangappa, Inspector Sri Veerendra Prasad, and Inspector Sri Sreedhar Poonja.
(e) On 09.01.2015, PW.8, Sri M.K. Thammaiah, presented accused No. 3, along with 28 seized articles, the mahajar, P.F., and his report to Sri H.M. Omkaraiah. Sri H.M. Omkaraiah arrested accused No. 3, completed the formalities, and produced all three accused before the Court, obtained them in police custody until 21.01.2015. Sri H.M. Omkaraiah recorded the statements of panch witnesses CW.117 and CW.118, as well as those of ACPs Sri Rajendra Kumar and Sri Siddappa, and Police Inspectors Sri Balegowda, Sri Anand Kaburi, Sri K. Prakash, Sri Hanumantharaya, and Sri Srinivasa.
(f) Sri H.M. Omkaraiah, apprehended accused No. 4 at Mangaluru Airport at 2:00 p.m. on 11.01.2015, brought him to Bengaluru and produced him before the Court. Accused No. 4 was then remanded to police custody until 21.01.2015. CW.122 recorded the voluntary statements of accused Nos. 1 to 4, in which they disclosed to point out the locations where they had committed acts related to the case. Based on this information, 6 Spl.C.No. 239/2016 Sri H.M. Omkaraiah formed an investigative team consisting of ACPs Sri Siddappa and Sri M.K. Thammaiah, six Police Inspectors, and other police personnel. The team then proceeded to Murudeshwara for further investigation and stayed at the RNS Lodge.
(g) On 19.01.2015, Sri H.M. Omkaraiah approached the learned JMFC, Bhatkal, seeking search warrants for four locations and obtained the warrants to search those places. He requested the Inspector of Police, Bhatkal, to provide panch witnesses for the investigation. Accordingly, the Police Inspector of Bhatkal produced eight panch witnesses, viz., Sri Fayaz Ahmed, Sri Chandrashekhar, Sri Mahesh Nayak, Sri Mahesh Nayak, Sri Nataraju, and Sri Lingappa N. Naik (CW.19 to CW.26), before him. Sri H.M. Omkaraiah entrusted accused No. 4, two panch witnesses, and five police personnel to PW.8, Sri M.K. Thammaiah; entrusted accused Nos. 2 and 3, two panch witnesses, and six police personnel to ACP Sri Siddappa; and retained accused No. 1, four panch witnesses, and four police personnel with him to prepare pointing-out mahajars at the locations shown by the accused.
(h) Accused No. 1 took Sri H.M. Omkaraiah and his team to Fathima Cottage, located at 4th Cross, Azad Nagar, Bhatkal, where they proceeded to a room on the ground floor. He then produced a bag containing PVC pipes with detonators, a bundle of detonators, and mobile chargers. These items were seized in the presence of the panchas under a mahajar. Subsequently, accused No. 1 led Sri H.M. Omkaraiah and his team to Nastaar Beach, also situated in Bhatkal. At this location, he pointed to a 7 Spl.C.No. 239/2016 spot on the beach and revealed that he had conducted a test blast there using circuit boards and detonators. A mahajar was then prepared by Sri H.M. Omkaraiah at the spot. Next, accused No. 1 took Sri H.M. Omkaraiah and his team to a house belonging to accused No. 7, located at No. 566, Bundar Road, Bhatkal. He disclosed that this was where they had held conspiracy meetings for jihadi activities. Sri H.M. Omkaraiah accordingly prepared a mahajar at the house. Finally, accused No. 1 took Sri H.M. Omkaraiah and his team to another house, located at No. 314, Madeena Colony, Tenginagundi Road, Bhatkal, which belonged to accused Nos. 5 and 6. He revealed that this house was also used for holding conspiracy meetings. A mahajar was again prepared by Sri H.M. Omkaraiah at this location.
(i) Accused Nos. 2 and 3 took Sri H. Siddappa, ACP, and his team of officers to a location in front of the Mohideen Cement Brick Factory Gate on Jali Road, where they disclosed that accused No. 3 had handed over explosive substances to accused No. 2 at this place. A mahajar was then prepared at the spot. Accused No. 2 subsequently took Sri H. Siddappa and his team to a house at No. 392, Darul Khair, Jamiyabad, Tenginagundi Road, Bhatkal, and disclosed that he had hidden the explosive materials in the bathroom of the house. Sri H. Siddappa prepared a mahajar at this location as well. Later, Sri H. Siddappa produced accused Nos. 2 and 3 before Sri H.M. Omkaraiah, along with the mahajar.
(j) Accused No. 1 took Sri H.M. Omkaraiah, and his team to the shop, Swiss Time in Bhatkal, and disclosed that he had 8 Spl.C.No. 239/2016 purchased some clocks from the shop. Subsequently, accused No. 1 took the team to Destination Air Travels in Bhatkal, owned by Sri Syed Jakir, and disclosed that he had collected hawala money from the shop.
(k) Accused No. 4 took PW.8, Sri M.K. Thammaiah, and his team to a house belonging to one Zubair, where he disclosed that he had stored explosive substances on the shelf in December 2009. Afterward, accused No. 4 led them to a shipping port via Tenginagundi Road, approximately nine kilometers from the house. He then took them to the confluence of the Venkatapura River and the Arabian Sea, where he showed the spot where he had thrown 300 gelatin sticks in December 2009. PW.8 prepared a mahajar in relation to these events and, along with accused No. 4, returned to Bhatkal, where he submitted a detailed report to Sri H.M. Omkaraiah. On 21.01.2015, Sri H.M. Omkaraiah, returned the search warrants to the learned JMFC, Bhatkal, and obtained permission to transport the properties seized in this case to Bengaluru.
(l) Accused No. 3 took Sri H.M. Omkaraiah, and his team to a shop in Siddapura, where he revealed that he had purchased explosives from the said shop. Subsequently, Sri H.M. Omkaraiah sent accused No. 1 to Kodachadri Hill along with PW.8, Sri M.K. Thammaiah, and his team, as accused No. 1 stated that he would show the location where he had undergone training to operate a parachute. Sri H.M. Omkaraiah, recorded the statements of Sri Abdul Subhan, Sri Mohammed Shafi, Sri Abdul Shabandri, Sri Umesh, and Smt. Saraswathi. Sri H.M. Omkaraiah produced the witnesses before the learned Chief 9 Spl.C.No. 239/2016 Metropolitan Magistrate, Bengaluru City, to record their statements under Section 164 of the Cr.P.C.
(m) Accused No. 1 took Sri H.M. Omkaraiah and his team to a shop named Mercury Electronics at Kodichikkanahalli, Bengaluru, where he revealed that he had purchased PCBs from the said shop. In this regard, Sri H.M. Omkaraiah recorded the statements of Sri K.B. Muniswamy, and CW.4. CW.4 then led Sri H.M. Omkaraiah and his team to Kamath Travels, located at Lalbagh West Gate, Bengaluru, where he disclosed that he had sent PCB parcels from Bengaluru to Bhatkal through the said travel agency. Additionally, accused No. 1 took Sri H.M. Omkaraiah and his team to Kothari Electronics, situated on S.P. Road, Bengaluru, and disclosed that he had purchased electronic components from the shop to prepare circuit boards.
(n) Sri H.M. Omkaraiah and his team, along with accused Nos. 1 to 4, went to Mangaluru once again for the investigation. Accused No. 1 took Sri H.M. Omkaraiah and his team, along with the panchas, Sri Rahul, and Sri Sampath, to a spot near A.J. Hospital, where he disclosed that he had handed over a bag containing explosives to a person named by accused No. 5, Riyaz Bhatkal. Accused No. 1 then took Sri H.M. Omkaraiah and his team, along with the panchas, to Unity Hospital, Mangaluru, and disclosed that he had handed over a bag containing explosives to a person named by accused No. 5, Riyaz Bhatkal, in 2013.
(o) Accused No. 2 took Sri H.M. Omkaraiah and his team, along with the panchas, Sri Charan, and Sri Raghav, to a 10 Spl.C.No. 239/2016 location near a gate behind Milagres Church, where he disclosed that, at the instance of accused No. 1 in 2013, he had handed over a bag containing explosives to unknown persons. Accused No. 2 then led Sri H.M. Omkaraiah and his team to Bunts Hostel, located at Kodialbail, Mangaluru, and revealed that he had collected a cotton box containing explosives from an office in a now-demolished four-storied commercial building, where Manjunatha Courier Service had been operating in 2010. Following this, Sri H.M. Omkaraiah returned to Bengaluru and produced accused Nos. 1 to 4 before the Court.
(p) Sri H.M. Omkaraiah again took accused Nos. 1 and 2 into police custody for further interrogation. During this time, Sri H.M. Omkaraiah recorded a further voluntary statement from accused No. 1, in which he disclosed that he would show the logo of Indian Mujahideen, of which he is a member. As a result, Sri H.M. Omkaraiah secured Sri Narasimha, and Sri Raju, as panch witnesses. Accused No. 1 then took Sri H.M. Omkaraiah and the panchas to his residence at Vineyard Residency, Cocks Town, Heerachand Road, Bengaluru, where he produced five posters related to Indian Mujahideen and an item resembling a walkie-talkie. Sri H.M. Omkaraiah seized these items under a mahajar. Sri H.M. Omkaraiah also recorded the statement of Sri Mohammed Danesh Siddiq, and got his statement recorded under Section 164 of the Cr.P.C. by the learned MMTC-II, Bengaluru. Sri H.M. Omkaraiah then produced accused Nos. 1 and 2 before the Court, and they were remanded to judicial custody. Sri H.M. Omkaraiah sent the seized articles to the FSL, 11 Spl.C.No. 239/2016 Bengaluru, for examination and handed over further investigation of the case to PW.8, Sri M.K. Thammaiah.
(q) PW.8, Sri M.K. Thammaiah, took over the further investigation of this case from Sri H.M. Omkaraiah, in accordance with the memo issued by the Commissioner of Police, Bengaluru. PW.8 issued notices to Idea Cellular Ltd., M/s. Tata Tele Services, Bharti Airtel, and Vodafone, requesting the CAF documents, Call Detail Records (CDRs), and cell ID addresses for the mobile numbers 9036112335, 9886004526, 8867874841, 9535727127, 9886625202, and others. He collected these details from the respective service providers, along with certificates under Section 65B of the Indian Evidence Act. PW.8 then conducted a mobile call analysis and prepared detailed reports regarding the call records and cell ID addresses associated with the mobile numbers of the accused.
(r) PW.8, Sri M.K. Thammaiah, issued a memo to Inspector Sri K. Rama Rao, to gather information regarding the conspiracy meetings held by the accused persons. In response, Sri K. Rama Rao traveled to Bhatkal and recorded the statements of Sri Tulasidas, Sri Venkatesh, Sri Datha, and Sri Raghavan. After completing the investigation, Sri K. Rama Rao returned to Bengaluru and submitted the recorded statements of these witnesses to PW.8.
(s) PW.8, Sri M.K. Thammaiah, along with panch witnesses, Sri Chandrashekhar R.N., and Sri Mallikarjun K.E., visited Mercury Electronics in Bilekallahalli. The manager of the shop, Sri Muniswamy, produced a register containing entries 12 Spl.C.No. 239/2016 related to the sale of printed circuit boards to the accused. PW.8 seized the register in the presence of the panch witnesses under a mahajar. Following this, PW.8 and the panch witnesses visited Shop No. 75, Kothari Electronics, on S.P. Road, Bengaluru, where Sri Suresh Kumar produced a bill book with an entry concerning the sale of electronic items to accused No. 1. PW.8 seized the bill book under a mahajar in the presence of the panch witnesses. Additionally, PW.8 recorded the statements of Sri Muniswamy, Sri Suresh Kumar Kothari, and Sri Neelakanta Aradhya.
(t) PW.8, Sri M.K. Thammaiah, submitted a requisition to the Court seeking permission to defuse the explosive substances before sending them to the FSL for examination, and obtained the Court's approval. He then secured panch witnesses Sri A. Kumar and Sri K.G. Rangappa, along with official photographers, and proceeded to the Bomb Disposal Squad office in Shanthinagar. PW.8 handed over the seized articles such as Article Nos. 4, 5, 6, 29, 30, and 31, to the Bomb Disposal Squad. The squad transported the explosives to the Internal Security Division at Kudlu, where they destroyed the explosives one by one. Samples of the destroyed explosives and the surrounding soil were collected in the presence of the panch witnesses. The entire process was documented through photographs and videography. A mahajar was drawn at the spot in the presence of the panch witnesses. PW.8 later collected the report from the Bomb Disposal Squad. The remnants of the destroyed explosives and soil samples were submitted to the FSL for examination. Additionally, PW.8 received photographs 13 Spl.C.No. 239/2016 and a DVD from the videography section of the office of the Commissioner of Police.
(u) PW.8 deputed Sri K. Rama Rao to proceed to Bhatkal and gather information regarding the passport of the wife of accused No. 1 to investigate the details of accused No. 8. PW.8 subsequently received passport details and information regarding the nationality of the wife of accused No. 1 from the Superintendent of Police, Karwar. Additionally, PW.8 obtained foreign travel details of accused Nos. 1 and 4 from the Assistant Director of the Central Foreigners' Bureau (CFB), Intelligence Bureau, Ministry of Home Affairs, Government of India, as well as from Jet Airways, Air Arabia, and other airlines. Based on these travel details, PW.8 prepared a detailed analysis report. Furthermore, PW.8 recorded the statement of Sri Afzan Ahmed and collected a document pertaining to accused No. 4's foreign travel.
(v) PW.8 sent notices to SBI and ICICI banks and collected the account statements of accused No. 1. He also received the employment details of accused No. 1 from Dr. SMRK Sagar, on behalf of Positive Homeopathy.
(w) PW.8 received the travel details of accused Nos. 1 and 2 from the Divisional Commercial Engineer of South Western Railway, as well as from Uber Travels. He recorded the statements of Sri Mohammed Yasin Lanka and Sri Sameer B. Bosle, the landlord of accused No. 1. Sri Mohammed Yasin Lanka produced a trip printout by logging into his Uber account, while Sri Sameer B. Bosle provided the rental agreement and an 14 Spl.C.No. 239/2016 account statement from HDFC Bank. Additionally, PW.8 recorded the statements of witnesses Sri Sathish and Sri Kalimuddin. PW.8 also recorded the statement of accused No. 1's brother, Sri Imran Lanka, who issued a clarification letter. PW.8 received a sketch of house No. 392, Darul Khair, which was submitted to Sri H.M. Omkaraiah. Furthermore, PW.8 downloaded internet details regarding the visit of U.S. President, Hon'ble Sri Barack Obama to India and received reports from the FSL, Bengaluru.
(x) PW.8 prepared and submitted reports to the Government of Karnataka seeking sanction to prosecute the accused persons through the proper channel. He also submitted a request to the District Magistrate for permission to prosecute the accused under the Arms Act, along with his detailed investigation report. PW.8 received the sanction order from the Commissioner of Police to prosecute accused Nos. 1 to 9 under the Explosive Substances Act, and subsequently received the sanction order from the Government of Karnataka to prosecute them under the U.A. (P) Act.
(y) The brother of accused No. 1, Sri Yasin Lanka, appeared before PW.8 and produced two para-gliders that had been kept in his house by accused No. 1. PW.8 then called Sri K. Basavanna and Smt. G.S. Hemamalini as panch witnesses and seized the para-gliders in their presence under a mahajar. PW.8 filed an application to take accused No. 1 into police custody. He also recorded the further voluntary statement of accused No. 1. PW.8 called Sri Bharath Hegde and Sri 15 Spl.C.No. 239/2016 Puttaramu as panch witnesses, during which accused No. 1 voluntarily showed videos uploaded to a YouTube channel. These videos were downloaded and copied into three DVDs in the presence of the panchas under a mahajar.
(z) PW.8 recorded the statements of Sri Sathish Raj and Sri Kalamuddin and collected the intelligence report from the office of the Commissioner of Police, Bengaluru. Upon concluding the investigation, PW.8 submitted the charge-sheet before this Court against accused Nos. 1 to 4 and absconding accused No. 5 to 9 and continued the further investigation with the Court's permission. Subsequently, PW.8 received the TIP report for accused Nos. 1 and 3 from the Executive Magistrate, Bengaluru South. He also received a report from the Deputy Commissioner of Uttara Kannada District providing details regarding the license of Smt. Saraswathi. Additionally, PW.8 received a report from PI Sri Rama Rao and recorded his statement. PW.8 also received the CAF documents and CDR for mobile No. 9980427551 from Vodafone. On 29.05.2016, PW.8 submitted a supplementary charge-sheet before this Court.
3. Upon receipt of the charge-sheet, this Court took cognizance of the offences punishable under Sections 120B, 121A read with Section 511 of the IPC, Sections 4 to 6 of the Explosive Substances Act, 1908, and Sections 13, 16, 18, 20, and 38 of the U.A.(P) Act on 21.07.2015 and registered a case against the accused persons. This Court issued non-bailable warrants against the absconding accused Nos. 5 to 9. Since the complainant Police were unable to secure the presence of 16 Spl.C.No. 239/2016 accused Nos. 5 to 9, this Court ordered for a split-up a case against accused Nos. 5 to 9, directed the office to register a separate case against them on 07.04.2016 and directed the Investigating Officer to submit a split-up charge-sheet against accused Nos. 5 to 9. Accordingly, this case was registered on 06.06.2016 against accused Nos. 5 to 9.
4. Upon receipt of the charge-sheet, this Court took cognizance of the offences punishable under Sections 120B, 121A read with Section 511 of the IPC, Sections 4 to 6 of the Explosive Substances Act, 1908, and Sections 13, 16, 18, 20, and 38 of the U.A.(P) Act on 21.07.2015 and registered a case against the accused persons. This Court issued non-bailable warrants against the absconding accused Nos. 5 to 9. Since the complainant Police were unable to secure the presence of accused Nos. 5 to 9, this Court ordered a split-up of the case against them, directed the office to register a separate case, and instructed the Investigating Officer to submit a split-up charge- sheet against accused Nos. 5 to 9 on 07.04.2016. Accordingly, this case was registered on 06.06.2016 against accused Nos. 5 to 9.
5. The copy of the charge-sheet and its enclosures were furnished to accused No. 8 in compliance with Section 207 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'). The learned counsel for accused No. 8 later submitted before this Court that the charge should be framed against accused No. 8 on 15.07.2021. However, he filed an application under Section 227 of the Cr.P.C. on 26.02.2021, seeking the discharge of accused No. 8 from the charges leveled against him. The said 17 Spl.C.No. 239/2016 application was rejected by this Court on 22.09.2021, and charges were framed against accused No. 8 on 22.10.2021. The charges were read over and explained to accused No. 8 in the language known to him. He denied the charges and claimed to be tried. Hence, this case was posted for prosecution evidence.
6. In order to prove the allegations made against accused No. 8, the prosecution examined 8 witnesses (PW.1 to PW.8), marked documents as Ex.P.1 to Ex.P.138, and identified MO.1 to MO.4, which were produced in the original case in Spl.C. No.330/2015. After the conclusion of the evidence, the incriminating circumstances appearing in the prosecution evidence were read over and explained to accused No. 8 in the language known to him, as required under Section 313 of the Cr.P.C., and his statement was recorded on 07.10.2022. Accused No. 8 chose not to adduce any defence evidence on his behalf, but he marked Ex.D.1 to Ex.D.3 in support of his defence during the cross-examination of the prosecution witnesses.
7. This Court has heard the arguments of the learned Special Public Prosecutor and the learned counsel for accused No. 8.
8. The points that arise for the Court's consideration are as follows:
1) Whether the prosecution proves beyond a reasonable doubt that from 2004 to 2008, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 forming an association 'Indian Mujahideen' held conspiracy meetings in the house of absconding accused Nos. 5 and 6 bearing No. 314, Tenginagundi 18 Spl.C.No. 239/2016 Road, Madina Colony and in the house of accused No. 7 bearing No. 566, Bandar Road, Bhatkal, Uttar Kannada District, the accused No. 1 held conspiracy meeting with the absconding accused Nos. 5 to 7 in Pakistan and accused No. 1 held conspiracy meeting with accused Nos. 4 to 7 in Dubai in 2009 with intention to commit terrorist activities in the name of Jihad in India and thereby committed the offence of 'criminal conspiracy' punishable under Sec.120B of IPC ?
2) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings with intention to cause bomb blasts across India and during the visit of US President, Hon'ble Sri Barack Obama on 26.01.2015 and conspired to overawe, by means of criminal force, the Central Government and thereby committed the offence of 'conspiracy to commit offence of waging war against the Government of India' punishable under Sec.121A of IPC ?
3) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings and in furtherance of your criminal conspiracy, took part in the activities which cause or intended to cause disaffection against India and which disclaims, questions and disrupts the sovereignty and integrity of India and thereby committed the offence of 'unlawful activities' punishable under Sec.13 of The Unlawful Activities (Prevention) Act, 1967 ?19
Spl.C.No. 239/2016
4) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings and in furtherance of their criminal conspiracy, accused No. 8 along with accused Nos. 1 to 4 with intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in the people supplied explosives at the instructions of absconded accused Nos. 5 to 7 to cause blasts in Bengaluru which caused the death of two persons, Ahmedabad serial explosions which caused the death of 56 persons, Delhi blast which caused the death of 30 persons, Pune German Bakery blast which caused the death of 17 persons, Mumbai triple blasts which caused the death of 27 persons and planned to cause bomb blast on 26.01.2015 during the visit of US President, Sri Barack Obama and thereby committed the offence of 'terrorist act' punishable under Sec.16 of The Unlawful Activities (Prevention) Act, 1967 ?
5) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 8 being members of 'Indian Mujahideen' held conspiracy meetings with intention to commit terrorist activities in the name of Jihad in India and procured explosive substances to commit terrorist act as an act preparatory to commission of a terrorist act during the visit of US President, Sri Barack Obama on 26.01.2015 and thereby committed the offence of 'conspiracy' punishable under Sec.18 of The Unlawful Activities (Prevention) Act, 1967 ?
20Spl.C.No. 239/2016
6) Whether the prosecution proves beyond a reasonable doubt that accused No. 8 along with accused Nos. 1 to 4 are the members of a banned terrorist organisation 'Indian Mujahideen' which is declared as terrorist organisation at Serial No. 35 of the First Schedule of the Unlawful Activities (Prevention) Act, 1967 which is involved in terrorist act and thereby committed the offence punishable under Sec.20 of The Unlawful Activities (Prevention) Act, 1967 ?
7) Whether the prosecution proves beyond a reasonable doubt that accused No. 8 along with accused Nos. 1 to 4 themselves associated with a banned terrorist organisation 'Indian Mujahideen' which is declared as terrorist organisation at Serial No. 35 of the First Schedule of the Unlawful Activities (Prevention) Act, 1967 with intention to further its activities to cause bomb blast across India by procuring and supplying explosives and thereby committed the offence punishable under Sec.38 of The Unlawful Activities (Prevention) Act, 1967 ?
8) Whether the prosecution proves beyond reasonable doubt that accused No. 8 along with accused Nos. 1 to 4 being the members of banned terrorist organisation 'Indian Mujahideen' were found in possession of huge cache of explosive substances like Fuse (black cord) wire containing potassium nitrate, sulfur and charcoal calcium carbonate sulfur, sulfide, sodium sulphate, gelatin sticks and detonator compositions like PETN and Remote control devices causing explosion, a special category explosive substance, stored in the house namely Fatima Cottage, Azad Nagar, 4th Cross, Jali Road, Bhatkal and the house bearing No. 392, Darool Kair, Jamiyabad Road, Bhatkal, in contravention of the rules made under Explosives Act, 1884 and Explosive Substances Act, 1908 and thereby 21 Spl.C.No. 239/2016 committed the offence punishable under Sec.23 of The Unlawful Activities (Prevention) Act, 1967 ?
9) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings and in furtherance of their criminal conspiracy, accused No. 8 along with accused Nos. 1 to 4 procured explosive substances such as detonators, ammonium nitrate, gelatin sticks, printed circuit boards etc., and accused No. 8 along with accused Nos. 1 to 4 were found in possession and control of the said explosive substances and special category explosive substances with intent to endanger life or property or cause serious injury to property and thereby committed the offence punishable under Section 4 of the Explosive Substances Act, 1908 ?
10) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings and in furtherance of their criminal conspiracy, accused No. 8 along with accused Nos. 1 to 4 were found in possession and control of the explosive substances and special category explosive substances for preparation of IED under suspicious circumstances and not for a lawful object with intention to cause blast across India and thereby committed the offence punishable under Sec.5 of the Explosive Substances Act, 1908 ?
11) Whether the prosecution proves beyond a reasonable doubt that during the aforesaid period and places, accused No. 8 along with accused Nos. 1 to 4 and 22 Spl.C.No. 239/2016 absconding accused Nos. 5 to 7 being members of 'Indian Mujahideen' held conspiracy meetings and in furtherance of their criminal conspiracy, accused No. 8 along with accused Nos. 1 to 4 supplied explosive substances at the instance of absconding accused Nos. 5 to 7 with intention to cause bomb blasts across India and thereby committed the offence punishable under Sec.6 of the Explosive Substances Act, 1908 ?
12) What order?
7. Findings of this Court on the above points are as follows:-
Point No. 1 : In the negative;
Point No. 2 : In the negative;
Point No. 3 : In the negative;
Point No. 4 : In the negative;
Point No. 5 : In the negative;
Point No. 6 : In the negative;
Point No. 7 : In the negative;
Point No. 8 : In the negative;
Point No. 9 : In the negative;
Point No. 10 : In the negative;
Point No. 11 : In the negative;
Point No. 12 : As per final order, for the following:
REASONS
8. Point Nos.1 to 11 :- The prosecution has alleged that accused No. 8 committed offenses under Sections 120B, 121A of the IPC, Sections 13, 16, 18, 20, 23, and 38 of the U.A.(P) Act, and Sections 4 to 6 of the Explosive Substances Act. In order to support these allegations, the prosecution examined 23 Spl.C.No. 239/2016 only eight witnesses: the first informant, the Investigating Officers, three panch witnesses, the owner of the shop in Siddapura, and the authority appointed under Section 45 of the U.A.(P) Act. In order to avoid repetition of facts and discussions, this Court has considered these points together.
9. PW.8, Sri M.K. Thammaiah, testified that he was part of the investigation team assigned to Cubbon Park Police Station in Cr.No.309/2014, following an order from the Commissioner of Police, Bengaluru. On 05.01.2015, he received a memo from the Joint Commissioner of Police (Crimes), Bengaluru, directing him to proceed to Bhatkal to verify the identities of suspected persons, based on specific information. He was tasked with identifying and questioning the suspects and reporting the findings. He was accompanied by a team of officers, including Sri A.B. Rajendra Kumar, ACP, Sri H. Siddappa, ACP, Sri K. Ramrao, Police Inspector, Sri Balegowda, Police Inspector, Sri Anand Kaburi, Police Inspector, and others.
10. He further testified that on 05.01.2015, the team traveled to Bhatkal, arriving on 06.01.2015. They continued their search for the suspects on 06.01.2015 and 07.01.2015. On the evening of 07.01.2015, they received information that the suspects had boarded the Kannuru-Karwar Express train from Karwar to Bengaluru. It was reported that accused Nos. 1 and 2 were seated in seats No.67 and 70 of Coach No. S-8. This information was relayed to his superiors and PW.6, Sri K.R. Ravi Kumar.
24Spl.C.No. 239/2016
11. PW.6, Sri K.P. Ravi Kumar, testified that an investigation team, including Sri Thammaiah, Sri Siddappa, Sri Rajendra Kumar, and others, visited Bhatkal in connection with Cr.No.309/14 from Cubbon Park Police Station. On 08.01.2015, between 4:30 am and 5:00 am, Sri Thammaiah informed him that two suspected persons were traveling in seats No.67 and 70 of Coach S-8 on the Kannuru-Karwar Express. Acting on this information, he, along with his team, including PI Sri Veerendra Prasad, PI Sri Sridhar Pujar, PI Sri Rangappa, and PSI Sri Dayanand, proceeded to Bengaluru City Railway Station, arriving around 7:15 am. At the station, they secured two panch witnesses, Sri Mahesh and Sri Manjunath, by issuing a notice. They then waited for the Kannuru-Karwar Express, which arrived between 8:00 am and 8:10 am. Upon the train's arrival, accused Nos. 1 and 2 disembarked and exited the station. The two suspects then boarded a private taxi, which the police followed. The taxi traveled through Ananda Rao Circle, eventually stopping near Vineyard Residency, Heerachand Road, Cox Town. Both suspects exited the taxi and proceeded to the 4th floor of the apartment. The officers followed them up the stairs and entered Flat No. 413.
12. PW.6 further testified that during questioning, accused No. 1 stated that the explosive materials were stored at accused No.2's house in Bhatkal, where accused No.3 was responsible for managing the materials. He also informed PW.8 of the disclosures made by accused No. 1. He arrested accused Nos. 1 and 2 and recovered a laptop, mobile phones, and a passport from their possession. He then took accused Nos. 1 and 2, along 25 Spl.C.No. 239/2016 with the seized items, to Pulikeshi Nagar Police Station, where he lodged the First Information Statement. However, he did not mention accused No.8's involvement in any activities.
13. PW.8, Sri M.K. Thammaiah, testified that he received information from PW.6 regarding explosive substances stored at accused No. 2's house in Bhatkal and accused No. 3 was in charge of this house. Following a search, 28 articles were seized in the presence of PW.3 and another panch witness. He reported the matter to the Jurisdictional Magistrate through the local police and obtained permission from the Court to transport the seized articles to Bengaluru for presentation before the Investigating Officer. Accordingly, he brought the seized articles and accused No. 3 to Bengaluru and produced them to the Investigating Officer Sri H.M. Omkaraiah along with his report. He further testified that he gathered evidence against the accused, including CDRs, CAFs, and other relevant documents from the concerned service providers. He also collected the travel details of accused Nos. 1 and 4, analyzed the CDRs and foreign travel details, and prepared a report based on his findings.
14. PW.8 further testified that he collected the bank account statements of accused No. 1, as well as the travel details of accused Nos. 1 and 2, from Bhatkal to Bengaluru Railway Station from South Western Railway, and from Bengaluru City Railway Station to Cox Town via Uber Travels. He also seized para-gliders produced by the brother of accused 26 Spl.C.No. 239/2016 No. 1 and downloaded para-gliding training videos of accused No. 1 from YouTube in the presence of witnesses.
15. PW.8 also testified that he submitted a requisition to the State Government and the District Magistrate to obtain sanctions for prosecuting the accused under the IPC, the U.A.(P) Act, and the Explosive Substances Act. Additionally, he deputed Inspector Sri Rama Rao of the CCB to go to Bhatkal and gather information about the conspiracy meetings held by the accused. He conducted an internet search to determine when U.S. President Hon'ble Sri Barack Obama would be visiting India for the first time. Based on this information and other evidence, he submitted the charge-sheet to the Court against accused Nos. 1 to 4 and absconding accused Nos. 5 to 9.
16. The prosecution examined the mahajar witness for the recovery of articles from the house of accused No. 2, PW.3, Sri Ramesh Era Naik. PW.3 testified that the Police, took him and CW.17, Sri Eshwar, to a house in Tenginagundi Road, Bhatkal. Upon arrival, the house door was locked, and the Police had to force entry. During the search, they discovered a blue bag on a shelf in the toilet, containing 28 items, including gelatin sticks, a timepiece, a soldering gun, and a pipe. The Police seized these items and sealed them in his presence, preparing a mahajar, which he signed.
17. PW.2, Sri Chandrashekar, a panch witness during the recovery of articles from the house of accused No. 1, testified that he, along with CW.19, Sri Fayaz, CW.21, Mahesh Naik, and 27 Spl.C.No. 239/2016 CW.22, Mahesh Naik, were summoned by ACP Sri Omkaraiah to the RNS Hotel in Murudeshwara. A person was there with the ACP and he took all of them to his house in Bhatkal. The ACP seized a bag containing PVC pipes, detonators, and mobile chargers, drawing a mahajar in the process.
18. PW.5, Dr. H.N. Venkatesha Prasanna, testified that he took accused No. 8 into custody and recorded his voluntary statement. In the statement, accused No. 8 disclosed that he had purchased ammonium nitrate from a shop in Siddapura, which he had given to accused No. 1. Accused No. 8 then led his team to the shop of PW.1, where he pointed out the location and confirmed the purchase of 10 kgs. of ammonium nitrate. A mahajar was prepared in the presence of panch witnesses CW.125 and PW.4, and he recorded the statements of witnesses and submitted a report to the Court.
19. PW.1, the owner of a shop located in Siddapura, testified that she held a license in her name to sell gunpowder and store rifles. The CCB Police brought accused No. 8 to her shop, and she identified him as the individual who had purchased ammonium nitrate from her shop in 2010, claiming to be an agriculturist. Consequently, the Police prepared a mahajar at her shop, as per Ex.P.1. At that time, protected witness-G was also present.
20. PW.4, Sri Radhakrishna, testified that the CCB Police visited his elder brother's hardware shop in Siddapura, where they brought an individual, alleging that he had purchased 28 Spl.C.No. 239/2016 ammonium nitrate from the shop. The Police prepared a mahajar, which he signed.
21. A careful review of the evidence presented by the prosecution reveals that PW.6 testified regarding the arrest of accused Nos. 1 and 2, the recovery of articles from them, and the registration of the FIR. PW.2 testified regarding the seizure of articles from the house of accused No. 1. PW.3 testified regarding the seizure of articles from the house of accused No.
2. However, none of these witnesses testified against accused No. 8. Even PW.8, the investigating officer, did not mention anything about accused No. 8, except that he obtained sanction from the Government to prosecute him under the provisions of the U.A.(P) Act and the IPC and obtained sanction from the District Magistrate to prosecute accused No. 8 under the provisions of the Explosive Substances Act. Only PW.1, PW.4, and PW.5 testified against accused No. 8, stating that he purchased 10 kgs of ammonium nitrate from the shop of PW.1.
22. The prosecution alleges that accused No. 8, along with accused Nos. 1 to 4 and the absconding accused Nos. 5 to 7 and 9, held conspiracy meetings to commit criminal acts, conspired to overawe the Central Government using criminal force, and also conspired to commit terrorist activities. However, the prosecution has failed to present any evidence establishing accused No. 8's involvement in these conspiracy meetings or in any communication with the other accused, particularly concerning the conspiracy meetings held at the houses of accused Nos. 5 and 6 in Bhatkal.
29Spl.C.No. 239/2016
23. The prosecution further alleges that accused No. 8 was involved in commission of unlawful activities and was also involved in terrorist activities with intent to threaten the unity, integrity, security, and sovereignty of India, specifically to orchestrate bomb blasts in various cities, including Bengaluru, Ahmedabad, Delhi, Pune, and Mumbai, as well as planning a blast during the visit of U.S. President Hon'ble Sri Barack Obama on 26.01.2015. However, the prosecution has not presented any material evidence to substantiate the claim that accused No. 8 was involved in such unlawful activities and terrorist activities.
24. The prosecution asserts that accused No. 8 was a member of the banned terrorist organization 'Indian Mujahideen,' which is listed in the First Schedule of the U.A. (P) Act. However, no evidence has been provided to support this claim. There is no material on record to show that accused No. 8 was affiliated with this group or that he was involved in any act intended to further its activities, such as bomb blasts across India.
25. The prosecution claims that accused No. 8 supplied ammonium nitrate to accused No. 1. However, other than the voluntary statement of accused No. 8, no concrete evidence has been presented to substantiate this claim. The voluntary statement alone, pointing out the ammonium nitrate's purchase and handover, cannot serve as conclusive evidence of the alleged supply, particularly without supporting material or corroborative evidence.
30Spl.C.No. 239/2016
26. The prosecution also alleges that accused No. 8, along with accused Nos. 1 to 4 and absconding accused Nos. 5 to 7 and 9, was in possession or control of explosive substances, intending to cause harm to life, property, or to inflict serious injury. However, no evidence has been presented to show that accused No. 8 purchased ammonium nitrate with the intent to cause blasts across India at the behest of the absconding accused. Moreover, there is no evidence to show that he supplied ammonium nitrate to accused Nos. 1 to 4 for making IEDs or for carrying out any terrorist activities.
27. A thorough analysis of the evidence adduced by the prosecution reveals no material indicating that accused No. 8 participated in conspiracy meetings, engaged in terrorist activities, or supplied explosives to other accused persons. There is also no evidence to suggest that he is a member of a banned organization or that he conspired to commit any terrorist acts. In the absence of such evidence, the Court cannot hold accused No. 8 accountable for the alleged offenses. The prosecution has failed to prove its case, and as a result, the Court answers Points 1 to 11 in the negative.
28. Point No.12 :- In view of the discussions made supra, this Court proceeds to pass the following;
ORDER Accused No. 8, Mr. Jainullabuddin, is found not guilty of the charges leveled against him. Acting under Section 235(1) of the Cr.P.C., accused No. 8 is acquitted of the offences punishable 31 Spl.C.No. 239/2016 under Sections 120B, 121A of the IPC, Sections 13, 16, 18, 20, 38, and 23 of the Unlawful Activities (Prevention) Act, 1967, and Sections 4, 5, and 6 of the Explosive Substances Act, 1908. M.O.1 to M.O.4 were produced in the original case, i.e., Spl.C.No.330/2015. Hence, no order is passed regarding the disposal of M.O.1 to M.O.4 identified in this case.
(Dictated to the Senior Sheristedar, transcription thereof computerized by him, corrected and then pronounced by me, in the open Court on 16th day of December, 2024) (GANGADHARA C.M.), XLIX Addl. City Civil & Sessions Judge, (Special Judge for trial of NIA Cases), (CCH-50) - Bengaluru.
ANNEXURES List of witnesses examined on behalf of prosecution :-
PW.6 / CW.36 Protected witness - I PW.2 / CW.20 Sri Chandrashekar PW.3 / CW.18 Sri Ramesh Era Naik PW.4 / CW.126 Sri Radhakrishna PW.5 / CW.135 Dr. H.N. Venkatesha Prasanna PW.6 / CW.1 Sri K.P. Ravi Kumar PW.7 / Sri K. Ramanna Addl. witness PW.8 / CW.123 Sri M.K. Thammaiah
List of documents marked on behalf of prosecution :-
Ex.P.1 mahajar drawn at a shop in Siddapura.
Ex.P.1(a) Signature of PW.6
32
Spl.C.No. 239/2016
Ex.P.1(b) Signature of PW.4
Ex.P.1(c) Signature of PW.5
Mahajar drawn in the house at Tenginagundi Ex.P.2 in Bhatkal Town.
Ex.P.2(a) Signature of PW.2
Mahajar conducted in the house at
Ex.P.3
Tenginagundi Road.
The order dated 03.09.2019 passed by the Ex.P.4 Joint Commissioner of Police.
The relevant portion in the voluntary Ex.P.5 statement of accused No. 8.
Ex.P.6 & Ex.P.7 Notices issued to panch witnesses.
The request letter submitted by PW.5 to the Ex.P.8 Police Inspector of Siddapura (CW-127) Ex.P.8(a) Signature of PW.5 The recovery mahajar conducted in the Ex.P.9 house at Heerachand Apartment, Bengaluru.
Ex.P.9(a) Signature of PW.6 Ex.P.10 The passport belonging to A1
The first information statement submitted by Ex.P.11 PW.6.
Ex.P.11(a) Signature of PW.6 Notice given to witnesses Sri. Manjunatha Ex.P.12 and Sri. Mahesh Ex.P.12(a) Signature of PW.6 Ex.P.13 Copy of notification dated 20.05.2013.
The certified copy of the recommendation Ex.P.14 report issued by PW.7 Attested copy of the memo issued by the Ex.P.15 Joint Commissioner of Police (crimes), Bengaluru.
Attested copy of the notice served on PW.3 Ex.P.16 and CW-17 to act as panchas.33
Spl.C.No. 239/2016 Attested copy of the request letter given by Ex.P.17 PW.8 to the SHO, Bhatkal P.S. Attested copy of the report dated Ex.P.18 09.01.2015, produced by PW.8.
Attested copy of the memo received on Ex.P.19 09.01.2015 by PW.8.
Attested copy of the search warrant issued Ex.P.20 by the learned JMFC court, Bhatkal to search the house of Fazila Mansil at Bhatkal. Attested copy of the memo issued by the Ex.P.21 I.O. regarding who are to accompany PW.8 to execute the search warrant.
Attested copy of the mahajar dated
Ex.P.22
19.01.2015.
Attested copy of the report submitted by Ex.P.23 PW.8 to the I.O.
Attested copy of the memo received by PW.8 from the Commissioner of Police to Ex.P.24 take up further investigation of this case from Sri. Omkaraiah.
Attested copy of the request letter dated Ex.P.25 07.04.2015 sent to M/s. Tata Tele Services. Attested copy of the request letter sent to Ex.P.26 Bharathi Airtel.
Attested copy of the request letter sent to the Ex.P.27 Divisional Commercial Manager, South Western Railway.
Attested copy of the invoice, along with request letter to FSL, Madiwala, confirmation letter, invoice, list of documents, passport, Ex.P.28 FSL acknowledgment and report of concerned PC (from page No. 167, 168, 172 to 178).
Attested copy of the instruction letter issued Ex.P.29 to FSL.
34Spl.C.No. 239/2016 Attested copy of the CDR in respect of Ex.P.30 mobile No. 9036112335 received from M/s.
Idea Cellular.
Attested copy of the certificate u/S.65B of Ex.P.31 Indian Evidence Act issued by M/s. Idea Cellular.
Attested copy of the covering letter issued by Ex.P.32 M/s. Idea Cellular.
Attested copy of the customer application Ex.P.33 form of A1.
Ex.P.33(a) Attested copy of the Aadhar card.
Attested copy of the covering letter issued by Ex.P.34 M/s. Tata Tele Services.
Attested copy of the CDR of mobile No. Ex.P.35 9886004526 from page No. 249 to 330 with respect to accused No. 1.
Ex.P.36 Attested copy of the CAF of accused No. 1.
Attested copy of the driving license of Ex.P.37 accused No. 1.
Attested copy of the CDR of mobile No. Ex.P.38 8867874841 from page No. 333 to 445 in respect of accused No. 3.
Attested copy of the CAF of accused No. 3Ex.P.39 at page No. 331.
Attested copy of the driving license of Ex.P.40 accused No. 3 at page No. 332.
Attested copy of the certificate issued Ex.P.41 u/S.65B of Evidence Act.
Attested copy of the request letter to FSL along with instructions, confirmation Ex.P.42 certificate, invoice, copies of sample seals, passport, acknowledgment and report of PC from page No. 179 to 195.
Attested copy of the memo issued to P.I., Ex.P.43 Sri. Ramrao by PW.8 35 Spl.C.No. 239/2016 Attested copy of the train travel details of Ex.P.44 train No. 16524 dated 07.01.2015.
Attested copy of the request letter to the Ex.P.45 Immigration Officer (FRRO).
Attested copy of the letter submitted to the Joint Commissioner, Commercial Tax to Ex.P.46 nominate two officials for investigation purpose.
Attested copy of the request letter sent to Ex.P.47 M/s. Uber.
Ex.P.48 & Attested copy of the notices issued to CW-
Ex.P.49 33 and CW-34 Attested copy of the mahajar prepared Ex.P.50 Mercury Electronics.
Attested copy of the mahajar prepared at Ex.P.51 Kothari Electronics House.
Attested copy of the 65B certificate, CDR CAF and ID proof of accused No. 2 Ex.P.52 furnished by M/s. Bharathi Airtel in respect of mobile No. 9535727127.
Attested copy of the letter received from the Assistant Director, CFB, Intelligence Bureau Ex.P.53 along with document containing foreign travel details of accused No. 1.
Attested copy of the request sent to CFB, Intelligence Bureau (MHA), Government of Ex.P.54 India, its fax confirmation letter and the E- mail copy (page No. 233 to 235).
Attested copy of the covering letter issued by Ex.P.55 Uber company.
Attested copy of the documents furnished by Ex.P.56 the Uber company Attested copy of the notice issued to the Ex.P.57 Nodal officer, Vodafone Ltd., to provide CDR and CAF of mobile No. 9886625202.
Attested copy of the request letter to the Ex.P.58 Joint Commissioner, Commercial Tax.
36
Spl.C.No. 239/2016
Attested copy of the mahajar dated
Ex.P.59
23.05.2015.
Attested copy of the covering letter received Ex.P.60 from Vodafone company.
Attested copy of the Customer Application Ex.P.61, 62 & 63 form, address proof of Yasin Lanka and Customer Information Form.
Attested copy of the request letter addressed Ex.P.64 to FSL, Bengaluru and other related documents from page No. 196 to 208.
Attested copy of the acknowledgement Ex.P.65 issued by the FSL, Bengaluru.
Attested copy of the report given by the Ex.P.66 P.C.3377.
Attested copy of the detailed report received Ex.P.67 from the Bomb Disposal Squad.
Attested copy of the covering letter issued by Ex.P.68 the Office of the Commissioner of Police, Crime Record Bureau.
Attested copy of the request letter sent to the Ex.P.69 Superintendent of Police, Uttara Kannada District.
Attested copy of the covering letter and its Ex.P.70 enclosures sent by CFB, Intelligence Bureau, New Delhi (page No. 236 to 238). Attested copy of the detailed report prepared Ex.P.71 by PW.8 based on the travel details of A.1. Attested copy of the notice sent to Air Arabia Ex.P.72 and Arab Emirates Airlines.
Attested copy of the notice served on Sri. Ex.P.73 Afzan Ahmed u/S.43F of U.A.(P) Act.
Attested copy of the letter issued by the Ex.P.74 Superintendent of Police, Karwar to PW.8. Attested copies of the documents furnished Ex.P.75 to 77 by the Superintendent of Police, Karwar along with Ex.P.74.
37Spl.C.No. 239/2016 Attested copy of the request letters sent to Ex.P.78 Yahoo India Pvt. Ltd., through E-mail. Attested copy of the reply letter received Ex.P.79 from Yahoo India Pvt. Ltd., Attested copy of the letters sent to Ex.P.80 & 81 Google.inc through e-mail.
Attested copy of the particulars of travel Ex.P.82 & 83 details of accused No. 4 received from Jet Airlines.
Attested copy of the request letter sent to CFB, Intelligence Bureau, MHA, New Delhi Ex.P.84 regarding traveling details of accused No. 4 along with fax confirmation letters and its enclosures (page No. 240 to 242).
Attested copy of the document produced by Ex.P.85 Sri. Afzan Ahmed in respect of accused No.
4. Attested copy of the covering letter received Ex.P.86 from ICICI Bank.
Attested copy of the bank account statement Ex.P.87 of accused No. 1 Attested copy of the letter received from Air Ex.P.88 Arabia and its enclosures.
Attested copy of the 65B certificate issued Ex.P.89 by PW.8 in respect of Ex.P.88.
Attested copy of the notice issued to Ex.P.90 Bharathi Airtel u/S.91 of Cr.P.C.
Attested copy of the covering letter along Ex.P.91 with information regarding A1. Dr. Syed Ismail (page No. 281 to 286).
Attested copy of the covering letter received Ex.P.92 from M/s. Tata Docomo regarding mobile No. 9036112335.
Attested copy of the CDR of mobile No. Ex.P.93 9036112335 provided by M/s. Tata Docomo.
38Spl.C.No. 239/2016 Attested copy of the covering letter and its Ex.P.94 enclosures received from CFB, Intelligence Bureau, New Delhi (page No. 243 to 248). Attested copy of the analysis report prepared Ex.P.95 by PW.8 based on Ex.P.94.
Attested copy of the covering letter issued by Ex.P.96 SBI to PW.8.
Attested copy of the bank account statement Ex.P.97 of accused No. 1 in respect of SBI account No. 10742607198.
Ex.P.98 Attested copy of the FSL report.
Attested copy of the covering letter sent by Ex.P.99 Airtel company.
Attested copy of the CAF and CDR of mobile Ex.P.100 No. 9880298463 pertaining to accused No.
4. Attested copy of the notice issued to Tat Ex.P.101 Tele Services to provide Cell ID of mobile No. 9036112335.
Attested copy of the printout of details of trip Ex.P.102 in Uber.
Attested copy of the rental agreement Ex.P.103 executed between Syed Abdul Azeez Lanka and Sameer B Bosle.
Attested copy of the HDFC bank account Ex.P.104 statement of Sameer B Bosle.
Attested copy of the 65B certificate issued Ex.P.105 by M/s. Tata Docomo.
Attested copy of the IP address furnished by Ex.P.106 M/s. Tata Docomo.
Attested copy of the notice issued to Ex.P.107 Vodafone company to provide CDR of mobile No. 9901305984.
Attested copy of the covering letter issued by Ex.P.108 Idea Service Provider.
39Spl.C.No. 239/2016 Attested copy of the cell ID address details Ex.P.109 of mobile No. 9036112335.
Attested copy of the printouts available at Ex.P.110 page No. 470 to 486 of the charge sheet (regarding visit of Barack Obama to India) Attested copy of the 65B certificate issued Ex.P.111 by PW.8 in respect of Ex.P.110.
Attested copy of the notice issued to Ex.P.112 Vodafone India Ltd., to provide CDR of Sri. Vinayak Hulekar.
Ex.P.113 Attested copy of the notice.
Attested copy of the covering letter and its Ex.P.114 enclosures received from SBI (page No. 490 to 511).
Attested copy of the covering letter and its Ex.P.115 enclosures received from M/s. Vodafone company (page No. 530 to 548).
Attested copy of the clarification letter issued Ex.P.116 by PW.8.
Attested copy of the covering letter issued by Ex.P.117 M/s. Airtel company Attested copy of the Cell ID address Ex.P.118 furnished by M/s. Airtel company.
Attested copy of the Cell ID address details Ex.P.119 furnished by Nodal Officer, Vodafone Ltd., Attested copy of the 65B certificate issued Ex.P.120 by Nodal Officer, Vodafone Ltd., in respect of Ex.P.119.
Attested copy of the report of 39 pages Ex.P.121 prepared by PW.8 (page No. 1042 to 1079 of volume-3B).
Attested copy of the printouts from the Ex.P.122 website 'international numbering plans' (page No. 1032 to 1040 of volume-3B). Attested copy of the 65B certificate issued Ex.P.123 by PW.8 in respect of Ex.P.122.
40Spl.C.No. 239/2016 Attested copy of the Sanction Order to Ex.P.124 prosecute accused No. 1 to 9 under the Explosive Substances Act.
Attested copy of the Sanction Order to prosecute accused No. 1 to 9 under Ex.P.125 Unlawful Activities (Prevention) Act and u/S.120B, 121A and Section 511 of IPC. Attested copy of the mahajar bearing the Ex.P.126 printouts of video.
Attested copy of the certificate issued by Ex.P.127 PW.8 in respect of Ex.P.126.
Attested copy of the translation written by A1 Ex.P.128 (page No. 174 to 264).
Attested copy of the sketch of house No. Ex.P.129 392, Dharul Khair.
Attested copy of the intelligence report received from the office of Police Ex.P.130 Commissioner, Bengaluru (page No. 446 to
469).
Attested copy of the 65B certificate and Ex.P.131 documents from page No. 14 to 99 of additional charge sheet.
Attested copy of the TIP report (page No. Ex.P.132 127 to 131 of additional charge sheet).
Attested copy of the report and its
enclosures received from Deputy
Ex.P.133
Commissioner, Uttara Kannada District regarding license of Smt. Saraswathi. Attested copy of the report received from the Ex.P.134 P.I., Sri. Ramrao.
Attested copy of the covering letter issued by Ex.P.135 Vodafone company regarding mobile No. 9980427551.
Attested copies of the CAF relating to mobile No. 9980427551, identity card of the Ex.P.136 subscriber and mobile number port in application.
41Spl.C.No. 239/2016 Attested copy of the CDR of mobile No. Ex.P.137 9980427551 and certificate u/S.65B of Indian Evidence Act.
Attested copy of the report prepared by Ex.P.138 PW.8 as per annexure-1A and annexure-12.
List of MOs. Marked on behalf of the prosecution :-
M.O.1 Blue bag M.O.2 The laptop M.O.3 The mobile phone of accused No. 1 M.O.4 The mobile phone of accused No. 2
List of witnesses examined on behalf of the defence :-
NIL List of documents marked on behalf of the defence :-
Ex.D.1 The license standing in the name of PW.1. Ex.D.1(a) Column No. 2 mentioned in the license. Ex.D.2 One more license standing in the name of PW.1 (Form No. 8).
Ex.D.3 Form No. 2 Document List of Material Objects (MOs) marked on behalf of the defence:-
NIL (GANGADHARA C.M.), XLIX Addl. City Civil & Sessions Judge, (Special Judge for trial of NIA Cases), (CCH-50) - Bengaluru.
*HRN/-