Karnataka High Court
CRL.A/1155/2026 of MOHAMMED THARIKH ANJUM AHSAN @ TARIQ Vs STATE BY CUBBON PARK POLICE STATION on 21 July 2026
CNR: KAHC010461912026 NC: 2026:KHC:37438-DB CRL.A No. 1155 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1155 OF 2026 (21(NIA)) BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1155 OF 2026 (21(NIA))
BETWEEN:
MOHAMMED THARIKH ANJUM AHSAN
@ TARIQ
S/O MOHAMMED BADRUZZAMA,
AGE ABOUT 42 YEARS,
R/AT AHMEDABAD VILLAGE,
MEHAMOODA POST OFFICE,
NALANDA DISTRICT,
BIHAR STATE-801 303.
PRESENT ADDRESS
FLAT NO.F-210, F BLOCK,
ABDU FAZAL ENCLAVE-2,
SHAHINBAGH,
OKHLA JAMIANAGAR,
NEW DELHI-110 025.
…APPELLANT
(BY SRI. MOHAMMED TAHIR, ADVOCATE (PH))
AND:
STATE BY
CUBBON PARK POLICE STATION
BANGALORE (CCB),
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
Digitally
signed by
LAKSHMI T
Location:
High Court
of Karnataka
HC-KAR
HIGH COURT COMPLEX BUILDING,
BANGALORE-560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP (PH))
THIS CRL.A. IS FILED U/S 21(4) OF NIA ACT, PRAYING
TO SET ASIDE THE ORDER DATED 07.01.2026 PASSED BY THE
XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL
JUDGE FOR TRIAL OF NIA CASES), (CCH-50), BENGALURU IN
S.C.NO.871/2013
AT
ANNEXURE-A
AND
CONSEQUENTLY
GRANT THE INTERIM BAIL FOR A PERIOD OF 3 MONTHS TO
APPELLANT/ACCUSED
NO.6
IN
S.C.NO.871/2013
UNDER
SECTIONS 120B, 121, 121A, 123, 307, 201, 212 IPC AND
SECTION 3, 10, 11, 13, 16, 17, 18, 19 AND 20 OF UAPA ACT
AND SECTION 3, 4, 5 AND 6 OF EXPLOSIVE SUBSTANCE ACT
AND SECTION 4 OF PREVENTION OF DAMAGE TO PUBLIC
PROPERTY ACT, PENDING IN THE FILES XLIX ADDL. CITY CIVIL
AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA
CASES) (CCH-50), BENGALURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
and
HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
Learned High Court Government Pleader takes notice for the State.
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2. Considering the nature of prayer sought in the appeal and accepting the cause shown in the memorandum of facts accompanying the application filed under Section 5 of the Limitation Act r/w Section 21(5) of the NIA Act, the delay in preferring the appeal is condoned. I.A.No.1/2026 is allowed.
3. Accused No.6 in SC No.871/2013 on the file of the Court of XLIX Additional City Civil and Sessions Judge (Special Court for the trial of NIA cases) (CCH-50) Bengaluru, feeling aggrieved by the
Order
dated 07.01.2026, thereby rejecting his interim bail application filed under Section 439(1) r/w Section 439 of Cr.P.C., has preferred this appeal under Section 21(4) of National Investigation Agency Act, 2008 (for short 'NIA Act').
4. The appellant along with the other accused is facing trial for the offences punishable under Sections 120B, 121, 121A, 123, 307, 201, 212 of IPC and Sections 3, 10, 11, 13, 16, 17, 18, 19 and 20 of the Unlawful
HC-KAR
Activities (Prevention) Act, 1967 (for short 'UA(P) Act' and Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of Prevention of Damage to Public Property Act, 1984.
5. Before the trial Court, an application was filed seeking interim bail for a period of 3 months on the ground that appellant's mother is very critical and she is suffering from urethral stricture and requires repeated urethral dilatation, asthma with bronchiectasis and regular follow-up care for urethral stricture. It is stated that appellant's mother is suffering from recurrent urinary retention and catheterization and she is taking regular treatment, since 2008, at different hospitals but due to incarceration of the appellant, she is not in a position to take proper treatment as there are no other family members to attend, assist or accompany her and he is the only son to her.
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6. The Special Court has rejected the prayer for interim bail on the ground that as per the medical certificate, appellant's mother is stable and under Section 43D(5) of the UA(P) Act, there is a bar to grant bail or interim bail to the accused on any ground.
7. The appellant had sought interim bail for a period of 3 months, which period has already expired. However, it is submitted by the learned counsel that the appellant's mother is still suffering from various health issues and she is critical and there is no one to look after her. It is also contended that the appellant is in judicial custody for the past 14 years and even after conclusion of the trial, no judgment is passed, for more than 1 year.
8. In light of the above submission, we are of the view that the appeal can be disposed of, reserving liberty to the appellant to file a fresh bail application before the trial Court, raising all contentions, including the ground of ill-health of his mother, along with latest medical reports
HC-KAR
and on the ground of delay in trial. If any such application is filed, trial Court shall make an endeavor to dispose of the same within 15 days, from the first date of hearing. Hence, we pass the following:
ORDER
Appeal is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
Sd/- (G BASAVARAJA) JUDGE
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