MR. AJITH MATHAI v. THE STATE OF KARNATAKA

(BY SRI M.S. SYAMSUNDAR, SR. ADV., FOR SRI TIMOTHY CHARLES, ADV.) AND: THE STATE OF KARNATAKA BY KOTHANUR POLICE STATION REP BY LD STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. (BY SRI B.N. JAGADISH, SPP-1 A/W SRI VINAY MAHADEVAIAH, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE PETITIONER ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.202 OF 2026 REGISTERED BY KOTHANUR POLICE STATION FOR THE OFFENCES P/U/S 318(4), 335(a)(ii), 336(3), 238, 61(2) AND 190 THE BNSS, 2023 AND HC-KAR CNR: KAHC010520792026 - 2 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026 SEC.13, 17, 18 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 PENDING ON THE FILE OF XCIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (SPL. JUDGE FOR THE TRIAL OF NIA CASES) AT BENGALURU (CCH-94). IN CRL.P NO. 11453/2026: BETWEEN:

#1. MR. R. JONATHAN SUHIL AGED ABOUT 50 YEARS S/O LATE. MR. ABRAHAM CHRISTOPHER RAJAN RESIDING AT NO.106 GLORIOUS A1 ESSEL GARDEN, DODDAGUBBI ROAD KOTHANUR, BENGALURU KARNATAKA - 560 077.

#2. MR. VARGHESE CHACKO AGED ABOUT 58 YEARS S/O, MR. T.V.CHACKO RESIDING AT BLESSING HOME WARD NO.20, BHARRI PARA SORID NAGAR DHAMTARI, CHHATTISGARH - 493 773.

#3. MR. BABLU KRUMI AGED ABOUT 35 YEARS S/O, BISHNU KURMI RESIDING AT PATPARA PT - II GOALPARA, ASSAM - 783 130.

#4. MR. SUPREME JOY AGED ABOUT 35 YEARS S/O MR. G. ARON RESIDING AT HOUSE NO.102 C BLOCK, UDAYANAGARI SATHYA NAGAR, MYSURU CITY KARNATAKA - 570 019. (BY SRI M.S. SYAMSUNDAR, SR. ADV., FOR SRI MAHESH Y.L, ADV.) ...PETITIONERS - 3 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026 HC-KAR CNR: KAHC010520792026 AND: THE STATE OF KARNATAKA BY KOTHANUR POLICE STATION REP. BY. LD. SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. (BY SRI B.N. JAGADISH, SPP-1 A/W SRI VINAY MAHADEVAIAH, HCGP) ...RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE PETITIONERS ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.202/2026 REGISTERED BY KOTHANUR POLICE STATION FOR THE OFFENCES P/U/S 318(4), 335(A)(ii), 336(3), 238, 61(2) AND 190 OF THE BNSS 2023 AND SECTION 13, 17, 18 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967, PENDING ON THE FILE OF XCIII ADDL.CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-94). IN CRL.P NO. 11461/2026: BETWEEN: MR. AJITH MATHAI AGED ABOUT 55 YEARS S/O MR. VERGHESE MATHAI RESIDING AT NO. 55 BYRATHI CROSS, BYRATHI VILLAGE BENGALURU NORTH, BENGALURU KARNATAKA - 560 077. (BY SRI M.S. SYAMSUNDAR, SR. ADV., FOR SRI MAHESH Y.L, ADV.) AND: THE STATE OF KARNATAKA BY KOTHANUR POLICE STATION REP. BY. LD. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. ...PETITIONER ...RESPONDENT HC-KAR - 4 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026 CNR: KAHC010520792026 (BY SRI B.N. JAGADISH, SPP-1 A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THE PETITIONER ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.202/2026 REGISTERED BY KOTHANUR POLICE STATION FOR THE OFFENCE P/US/ 318(4),335(a)(ii),336(3),238,61(2) AND 190 OF BNS 2023 AND SEC.13,17,18 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 PENDING ON THE FILE OF THE XLIII ADDL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH- 94). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

#1. Petitioners, in the above captioned petitions, are arrayed as accused in Crime No.202/2026 registered by Kothanur Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 335(A)(ii), 336(3), 238, 61(2), 190 of BNS, 2023, and Sections 13, 17, 18 of Unlawful Activities (Prevention) Act, 1967 (for short, 'UAP Act').

#2. Registry has raised an office objection with regard to the maintainability of this petition on the ground that petitioners are required to prefer an appeal as provided under Section 21(4) of the National Investigation Agency Act, 2008 (for short, 'NIA Act'). HC-KAR CNR: KAHC010520792026 - 5 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026

#3. Learned Senior Counsel appearing on behalf of the petitioners submits that no investigation has been done in the present case by invoking Section 6 of the NIA Act, and therefore, the office objection is required to be overruled.

#4. Per contra, learned SPP submits that the offences committed under the provisions of the UAP Act, are considered as schedule offences under the NIA Act, and therefore, cases registered invoking the provisions of UAP Act are required to be tried by the Court of Special Judge constituted either under Section 11 or Section 22 of the NIA Act. The present case falls under Section 22 of the NIA Act, and therefore, any order passed by the Special Court is appealable as provided under Section 21(4) of the NIA Act.

#5. Section 21 of the NIA Act provides for appeal. Section 21(4) of the NIA Act reads as under: "21(4) Notwithstanding anything contained in sub- section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail."

#6. Section 22 of the NIA Act, reads as under: "22. Power of State Government to designate Court of Session as Special Courts.- (1) The State Government may designate one or more Courts of Session as Special Courts for HC-KAR CNR: KAHC010520792026 - 6 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026 the trial of offences under any or all the enactments specified in the Schedule. (2) The provisions of this Chapter shall apply to the Special Courts designated by the State Government under sub- section (1) and shall have effect subject to the following modifications, namely:- (i) references to "Central Government" in sections 11 and 15 shall be construed as references to State Government; (ii) reference to "Agency" in sub-section (1) of section 13 shall be construed as a reference to the "investigation agency" of the State Government. (iii) reference to "Attorney-General for India" in sub-section (3) of section 13 shall be construed as reference to "Advocate-General of the State". (3) The jurisdiction conferred by this Act on a Special Court shall, until a Special Court is designated by the State Government under sub-section (1) in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this Chapter. (4) On and from the date when the Special Court is designated by the State Government the trial of any offence investigated by the State Government under the provisions of this Act, which would have been required to be held before the HC-KAR CNR: KAHC010520792026 - 7 - NC: 2026:KHC:46377 CRL.P No. 11421 of 2026 C/W CRL.P No. 11453 of 2026 CRL.P No. 11461 of 2026 Special Court, shall stand transferred to that Court on the date on which it is constituted."

#7. The order rejecting the bail application of the petitioners has been passed by the Designated Court constituted under Section 22 of the NIA Act, and therefore, as against the said order, alternative remedy of appeal is available to the petitioners under Section 21(4) of the NIA Act. Therefore, the office objection raised by the Registry is upheld.

#8. Petitions are dismissed with liberty to the petitioners to avail the alternative remedy as provided under Section 21(4) of the NIA Act. KK Sd/- (S VISHWAJITH SHETTY) JUDGE