Amit Digvekar vs State of Karnataka, Rajarajeshwari Nagar PS, Bengaluru

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1600

B. VEERAPPA, K. S. HEMALEKHA
Amit Digvekar – Appellant
Versus
State of Karnataka, Rajarajeshwari Nagar PS, Bengaluru – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sri. Basavaraj Sappannavar, Adv.
For the Respondent: Sri. Ashok N. Naik, Special Public Prosecutor

ORDER :

Veerappa, J

The present criminal appeal is filed by the appellant/Accused No.5 under the provisions of Section 12 of the Karnataka Control of Organised Crimes Act, 2000 (‘KCOC Act’ for short) against the Order dated 20th February, 2021 made in Spl.C.C. No.872/2018 on the file of the Prl. City Civil and Sessions Judge, Bengaluru, insofar as dismissal of his petition filed under Section 439 of the Code of Criminal Procedure for grant of bail in a pending special case.

2. Earlier, the very appellant filed Criminal Petition No.3393/2021. In the said criminal petition, Learned Counsel for the appellant has filed a memo seeking permission to convert criminal petition into criminal appeal and the Learned Counsel for the respondent submitted that he has no objection for the same. Accordingly, the Learned Single Judge of this Court by the Order dated 12th August, 2021 permitted to convert the said criminal petition into criminal appeal, thereby the present criminal appeal is filed by the appellant.

3. When the present criminal appeal came up before the Learned Single Judge of this Court on 6.7.2022, Learned Counsel for the respondent pointed out that in certain special enactments like t