IN THE HIGH COURT OF KARNATAKA
B.A. PATIL, J.
Pradeep C.S. - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 8518, 8519, 8531, 8602 of 2018
Decided On : 20-02-2019
Criminal Procedure Code,1973 - Section 439 – Indian Penal Code,1860 - Sections 143, 384 , 147, 384, 511, 307, 507, 120B, 114, 109 r/w. Section 149 - Karnataka Control of Organized Crimes Act, 2000 - Section 3 – KCOCA - Section 2(d)& 2(e) - Unlawful activities - Attempt to murder - Prosecution in nutshell is one Pasha filed a complaint alleging that he is doing real estate business. He received a mobile call from mobile phone number caller introduced himself as Jabbu from Tumkur and informed that some persons from Shivamogga have given supari to kill the complainant and they have also given the photo and his mobile number. He further informed that his boys are staying at Bhadravathi and they will come to his house at about 10.00 a.m - He also demanded an amount of Rs.20 lakhs, for which the complainant told that he is ready to pay the amount - Complainant did not receive any calls and as such he kept quiet. It is further case of the prosecution that one month after receipt of the said call, again he received a call for demand of money and thereafter the phone call was disconnected - Complainant received a call and the caller started asking whereabouts of the complainant and further told him to come near Gopalapuradal Road - Case of the prosecution that on the next day, again he received a call and the said person abused and threatened the complainant with dire consequences and thereafter disconnected the phone call – Held, case is tested with the touch stone of the principle laid down by the Honble Apex Court, prima facie, it satisfies the said test and it can safely be held that the petitioners are the members of the conspiracy and the provisions of KCOCA are applicable. In the instant case also, if the entire material is perused, accused No.5 has provided motorbike to accused No.1; accused No.6 was watching and accompanied accused No.1 and also facilitated him to escape after committing the cognizable offence; accused No.7 has also provided another motorbike to accused No.1 and the said bike was also recovered from his possession and it is accused No.8 who introduced accused No.13 and facilitated to purchase the gun and has also provided the mobile phone - Petitioners herein have been involved in a serious offence which is not only punishable with IPC but also under the provisions of KCOCA. It is well settled principle of law that at the time of considering the bail application, the Court must consider the gravity of offence and the social impact and public interest - Petitioners are enlarged on bail, it is going to send a wrong signal in the society and they may again indulge in similar type of activities which is going to create a threat in the society as a whole - In that light, contention taken up by the learned counsel appearing for the petitioners is not acceptable - Petitions stand dismissed
B.A. PATIL, J.
1. Criminal Petition Nos.8518/2018, 8519/2018, 8531/2018 and 8602/2018 are filed by accused Nos.8, 5, 7 and 6 respectively under Section 439 of Cr.P.C. to release them on bail in Crime No.410/2018 of Doddapete Police Station, Shivamogga, for the offences punishable under Sections 143, 147, 384, 511, 307, 507, 120B, 114, 109 r/w. Section 149 of IPC and Sections 25 and 27 of Indian Arms Act so also Section 3 of the Karnataka Control of Organized Crimes Act, 2000.
2. I have heard Sri Shivaprasad Y.S., Sri Lethif B., Vijaya Kumar K, learned counsel appearing on behalf of the petitioners-accused and Smt.Namitha Mahesh B.G., learned HCGP for the respondent-State.
3. Before going to consider the submissions made by the learned counsel appearing for the parties, the entire case of the prosecution in nutshell is that one Khalim Pasha filed a complaint on 4.6.2018 alleging that he is doing real estate business. He received a mobile call from mobile phone number 8747069459. The caller introduced himself as Jabbu from Tumkur and informed that some persons from Shivamogga have given supari to kill the complainant and they have also given the photo and his mobile number. He further informed that his boys are staying at Bhadravathi and they will come to his house at about 10.00 a.m. He also demanded an amount of Rs.20 lakhs, for which the complainant told that he is ready to pay the amount. Thereafter, the complainant did not receive any calls and as such he kept quiet. It is further case of the prosecution that one month after receipt of the said call, again he received a call for demand of money and thereafter the phone call was disconnected. Three days thereafter, again complainant received a call and the caller started asking whereabouts of the complainant and further told him to come near Gopalapuradal Road. It is further case of the prosecution that on the next day, again he received a call and the said person abused and threatened the complainant with dire consequences and thereafter disconnected the phone call. It is further case of the prosecution that after four days, at about 7.30 p.m. complainant's friend Abdul Rub's car was parked in front of his house. At that time, some unknown persons came and damaged the glass of the said car and in that context, a complaint has been filed before Doddapete Police. It is further case of the prosecution, that on 3.6.2018, at about 9.40 p.m. the complainant received a phone call to his number 9900601406 from mobile number 7624899969 and the caller introduced himself as Mujju and told the complainant to come near Ayodhya Hotel to which complainant told that he is in Bengaluru and at that time, phone call was disconnected. After 15 minutes, again he received the phone call and the said person told him that his guys are following him and they are also watching his movements and they are going to enter his house and thereafter the phone call was disconnected. It is further case of the prosecution that at about 12.00 O'clock in the midnight the complainant slept and at about 4.00 a.m. he woke up for having food as it was a Ramzan month. At about 4.40 a.m. from the same mobile number i.e., 7624899969, the complainant received a call and the said person asked his whereabouts to which the complainant replied that he has to go to Mosque for namaz to which the said person told him that he will not go to Mosque and he is going to none of the places and by hearing the same, the complainant peeped through window whether anybody was there, but he noticed that nobody was there outside the house. Thereafter, he opened the door. Immediately, two persons came on a motorbike covering the face with towel and fired towards the complainant. The said bullet hit to the gate and immediately complainant closed the gate and rushed inside the house. Thereafter he received a call that today he was escaped and if money is not paid, next time they would finish him. On the basis of the said complaint, a
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