The Karnataka High Court today rejected the bail petition of PDP leader Abdul Nasser Maudany, an accused in the 2008 Bangalore serial blasts case, holding that granting bail to him would put the security of the state and the nation in jeopardy.
But the court directed jail authorities to take steps to ensure that the health condition of Mr. Maudany, who is disabled with an amputated leg and suffering from different ailments, does not deteriorate and he is given necessary medical help.
After hearing arguments by the defence and prosecution, Justice V Jagannathan concluded that granting bail to Mr. Maudany would be “putting the security of the state and the nation in jeopardy” and rejected the bail petition.
He said the material available and statements of witnesses indicated that Mr. Maudany was in constant touch with the other accused before and after the blasts and also harboured some of them by giving them shelter in his orphanage in Kerala.
On the contention of senior defence counsel B V Acharya that there was “no direct evidence” of Mr. Maudany’s involvement in the criminal conspiracy, the judge said, “There is seldom ever that direct evidence is there in such cases.
Conspiracy by very nature is hatched in complete secrecy otherwise the whole purpose will be frustrated.”
Inference can be drawn from whatever evidence has been collected and it (evidence) is “sufficient proof of the conspiracy”, the court observed.
“It cannot be disputed that the blasts took place in Bangalore and were followed by similar blasts in the country including Jaipur and Ahmedabad... Actions speak louder than thoughts. It is not possible for anyone to penetrate into the mind of others to see what thoughts are going on,” Justice Jagannathan stated.
On the defence contention that there is “no prima facie case” against Mr. Maudany, the court said the material collected by the investigative agency on the statements recorded by police coupled with details of phone records before and after the blasts, pointed out a prima facie case.
On the question of personal liberty, the court cited a Supreme court judgement which held that “liberty of an individual is very important. At the same time interest of the state also cannot be lost sight of”.
Observing that in cases involving the security of the state and the nation bail is generally refused, the court held that this was one such case where “interest of the nation can never be given up”.
Mr. Maudany, arrested in Kerala on August 17 last year, is lodged in Central Jail here. He was one of the main accused in the 1998 Coimbatore serial blasts that killed 58 people but was later acquitted.