BENGALURU: Noting that the extension of time for completion of investigation on the application filed by prosecution, without notifying it to the accused, would frustrate their indefeasible right for statutory bail, the Karnataka High Court set aside the order passed by the trial court to extend the period of investigation to the National Investigation Agency (NIA) in the DJ Halli and KG Halli riots case, terming it the same as being ‘bad in law’.The HC also allowed applications filed by 115 accused seeking ‘default bail’, subject to conditions.
It noted that the application filed by the prosecution seeking more time for investigation was not notified either to the accused or to their advocates, a day after their custody was extended. Even the requirement of law laid down by the Supreme Court in the case of Sanjay Dutt has not been complied with. However, the application filed by the prosecution was allowed on the very same day, while the accused were not made aware that such an application was filed and considered, the court added.
Justice S Vishwanath Shetty passed the order, while allowing a batch of petitions filed by Muzammil Pasha and others. The accused were booked under provisions of the Unlawful Activities (Prevention) Act, IPC and Prevention of Damage to Public Property Act. They were arrested by on August 12, 2020.Apart from challenging the order passed by the trial court on November 3, 2020 on the application filed by the NIA, the accused have also questioned the order dated January 5, 2021, passed by that court rejecting their plea seeking default bail.
Since NIA could not complete the investigation within the stipulated 90 days, it sought an extension by another 90 days, which was granted.With the expiry of the period, the accused had filed the application before the trial court, praying for grant of statutory bail for the default of the prosecution.
