The Karnataka High Court has refused bail to Imran Ahmed, KG Halli ward president of the Social Democratic Party of India (SDPI), in the August 2020 East Bengaluru violence case.
A division bench observed that the charge sheet has revealed reasonable grounds to believe that the accusation against Ahmed is prima facie proved.
Ahmed’s bail petition was moved in the high court after the special court for NIA cases dismissed his plea. The petition contends that mere participation in a protest before the police station against the derogatory post and insistence of suitable action does not amount to intension or premeditation to inflict violence.
It was also argued in the petition that a peaceful gathering before the police station had gone unruly and it cannot be described as a terrorist act. The action would fall under the scope and ambit of the provisions of the Indian Penal Code (IPC).
The special public prosecutor representing the National Investigation Agency (NIA) argued that Ahmed conspired to carry out the terrorist act of destroying public property with an intention to create fear in the minds of the public.
It was submitted that the bail application of 10 people accused in the case had been rejected by the NIA special court and affirmed by another division bench.
A division bench headed by Justice Alok Aradhe pointed out that the allegations are serious in nature and the overt act prima facie amounts to a “terrorist act”, as defined under Sections 15 and 20 of the Unlawful Activities Prevention Act (UAPA), 1967.
The bench noted that the policemen named as witnesses in the charge sheet have identified Ahmed along with other co-accused, who had set ablaze a bike parked near the KG Halli police station by pouring petrol on it.
Other witnesses have stated that he had convened a meeting between 8.45 pm and 9.15 pm before the incident and instigated the other accused to commit violence.
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