Karnataka HC Grants Default Bail To UAPA Accused In Bengal Riots Case

CURRENT DEVELOPMENTS

• Bail has been granted to the 115 people accused under the UAPA in the Bengaluru Riots Case.
• The Karnataka High Court, while granting bail had said that the accused was not heard before the time for filing the chargesheet was extended.
• The bail was granted under Section 167(2) of the Criminal Procedure Code (CrPC)
• The order of the Special NIA Court was set aside.

WHAT DID THE COURT SAY

• Justice S Vishwajith Shetty allowed the grant of bail and directed the accused to execute a bond of Rupees Two Lakhs.
• It was observed that the Fundamental Right granted to an individual under Article 21 cannot be taken away, other than in compliance with the law.
• Since the Petitioners were not given a chance to be heard and were not aware that an application for extending the time for investigation was filed, the order of the Trial Court was not sustainable legally.
• The prosecution had put forth that a regular bail under Section 439 can be filed even if the chargesheet was already filed.
• It was noted by the court that the right of the Petitioners cannot be taken away merely because the chargesheet was filed.

CASE BACKGROUND

• The case is with respect to the riots that had taken place in Bangalore due to a controversial post made on Facebook.
• The accused Muzzamil Pasha had been arrested and charged under the Unlawful Activities Prevention Act and the Prevention of Damage to Public Property Act.
• The NIA had filed an application to extend the time for filing a chargesheet
• The accused had filed a plea for bail.
• This had been rejected by the Court saying that time had been given to the NIA for filing of the chargesheet.

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