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NC: 2023:KHC:20528-DB
CRL.A No. 1878 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF JUNE, 2023

PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1878 OF 2022
BETWEEN:
SUHAIL BASHA
S/O AMEER BASHA
AGED 28 YEARS
R/AT NO 306, 1ST CROSS
ASHWATHNGAR
Digitally signed
by HARSHITHA B UKBA MASJID STREET
Location: High THANISANDRA
Court of
Karnataka BENGALURU.

…APPELLANT
(BY SRI. MOHAMMED TAHIR, ADVOCATE)

AND:
NATIONAL INVESTIGATING AGENCY
MINISTRY OF HOME AFFAIRS
GOI
BRANCH OFFICE HYDERABAD
REP BY SPL PUBLIC PROSECUTOR
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NC: 2023:KHC:20528-DB
CRL.A No. 1878 of 2022

OFFICE AT HIGH COURT COMPLEX

OPP TO VIDHAN SAUDA
BANGALORE 560001

…RESPONDENT
(BY SRI. PRASANNA KUMAR P, SPL. PP)

THIS CRL.A FILED U/S.21(1) R/W 21(4) OF N.I.A

ACT, 2008 CR.P.C BY THE ADVOCATE FOR THE APPELLANT
PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO
SET ASIDE THE IMPUGNED ORDER DATED 20.07.2022
AND GRANTING REGULAR BAIL TO APPELLANT IN
SPL.C.C.NO.152/2021 U/S 16,18,20 OF UA(P)ACT, 1967
SEC.120B,34,149 R/W 143,145,147,148,427,436,353 OF
IPC AND SEC.2 OF KARNATAKA PREVENTION OF
DESTRUCTION OF LOSS OF PROPERTY ACT, WHEREIN THE
APPELLANT IS ARRAIGNED AS ACCUSED NO.6, SAME IS
PENDING ON THE FILE OF THE 49th ADDL. CITY CIVIL
AND SESSIONS JUDGE AND SPL. COURT FOR NIA CASES,
BANGALORE (CCH-50).

THIS APPEAL, COMING ON FOR HEARING, THIS DAY,

SREENIVAS HARISH KUMAR, J., DELIVERED THE
FOLLOWING:
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NC: 2023:KHC:20528-DB
CRL.A No. 1878 of 2022

JUDGMENT

We have heard Sri. Mohammed Tahir, learned

counsel for the appellant for sometime. He started relying

upon the documents produced by him along with memo

dated 06.06.2023.

2. The documents that he relies upon are FIR in

Cr.No.223/2020 registered by D.J.Halli police station and

charge sheet filed in connection with said FIR. When we

put a question to Sri. Mohammed Tahir whether all these

documents were produced before the Special Court in

support of bail application filed on behalf of accused No.6-

Suhail Basha, he submits that these documents were not

produced. Therefore, we want to make it clear that since

we are hearing an appeal filed against order dated

20.07.2022 in Special C.C. No.152/2021 in connection

with bail application of accused No.6, we cannot look into

the documents which have not been produced before the

Special court. If for any reason, the documents that

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NC: 2023:KHC:20528-DB
CRL.A No. 1878 of 2022

Sri. Mahammed Tahir has produced are helpful to accused

No.6 to claim bail, we give liberty to accused No.6 to

approach the Special Court for Trial of NIA Cases,

Bengaluru with a fresh application for bail and produce all

the documents that are available with him for claiming

bail.

3. At the same time, we also make it clear that

respondent- National Investigating Agency has got liberty

to contend that the documents being produced by the

accused No.6 cannot be looked into as per proviso to

Section 43D(5) of Unlawful Activities (Prevention)

Act, 1967. With these observations, we have disposed of

the appeal.

Sd/-
JUDGE

Sd/-
JUDGE
BH
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