BENGALURU: The NIA special court refused to discharge 15 accused who were part of an unruly mob that rioted and burnt vehicles parked in front of the KG Halli police station during the 2020 Bengaluru riots.
“A careful analysis of the materials placed by the prosecution before this court, there are materials to show that the accused persons were part of the conspiracy meeting, were part of an unruly mob, actively participated in the rioting and burnt the vehicles parked in front of KG Halli Police Station... Therefore, the prosecution has made out a prima facie case to frame charges against the accused persons,” said Judge Gangadhara CM, rejecting the petition filed by Syed Abbas and 14 others.
The accused were charge-sheeted by NIA as they were allegedly involved in DJ Halli and KG Halli riots over an inflammatory post by the relative of a local MLA on August 11, 2020.
The counsel for the accused told the court that NIA divided the accused into four groups, though allegations made against them are similar. NIA has invoked provisions of the Unlawful Activities (Prevention) Act only against selected accused. It has produced several videos along with the chargesheet and the accused against whom the provisions of the Act are invoked are not seen committing any illegal activities in the videos. The provisions of the Act should not be invoked against the accused and they are entitled to discharge from prosecution under the Act, he argued.
But the court said the material available on record prima facie indicate that the provisions of the Unlawful Activities (Prevention) Act are also attracted against the other accused. The investigation officer has committed a blunder without invoking the said provisions against the other accused in the chargesheet. It does not mean that this court has no power to frame a charge against the other accused under the Act. It is not a ground to discharge the accused from prosecution for the offences under the Act. The genuinity of the statements recorded by NIA and genuinity of the statements recorded by the state investigating agency is a matter of trial, it added.