East Bengaluru violence: HC grants 115 accused default bail

The High Court of Karnataka has granted default bail to 115 people arrested over the East Bengaluru riots last year.

The high court set aside the special court’s order giving the National Investigation Agency (NIA) an additional 90 days for completing the investigation, saying such extension of time without the accused being notified is legally unsustainable.

The riots were triggered by a Facebook post uploaded by a nephew of Pulakeshinagar MLA, R Akhanda Srinivasa Murthy, on August 11, 2020. The mob had torched police stations and Murthy’s house. Several people were killed in the subsequent police firing.

Police arrested hundreds of people over the riots, many of them under the stringent Unlawful Activities Prevention Act (UAPA). The NIA later took over the probe.

Muzammil Pasha and others were arrested on August 12, 2020, and the statutory period of 90 days to complete the investigation ended on November 9, 2020.

On November 3, 2020, the NIA moved the special court with an application for extension under the first proviso to section 43D(2)(b) of the UAPA. The court passed the extension order the same day.

In January 2021, the special court denied them bail. The accused appealed to the high court. The counsel for the NIA submitted in the high court that the accused would have to apply for regular bail since the charge sheet had been filed during the extension.

Justice Vishwajit Shetty noted that the petitioners were neither notified nor given an opportunity to be heard before the special court gave the NIA the additional time. Quoting a Supreme Court order, the judge stated that the accused must be informed if an application for extension of time for investigation is filed.

Referring to a comparative study carried out by the High Court of Karnataka, Justice Shetty stated that the court on different occasions has held that section 20 (4) (bb) of the TADA Act, section 36A (4) of the NDPS Act and section 43-D (2) (b) of the UAPA are pari materia, meaning they pertain to the same matter and subject.

The court then granted the petitioners bail and directed them to execute a personal bond for Rs 2 lakh each and two sureties for the like sum. They should appear before the trial court and the investigating officer whenever called.