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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
B.A. Basavaraja, S/o. Late Anjinappa – Appellant
Versus
State Of Karnataka Represented By Its Secretary Department Of Home – Respondent
ORDER :
S. SUNIL DUTT YADAV, J.
1. In the present Writ Petition, the petitioner has sought for issuance of writ in the nature of certiorari to set aside the order at Annexure-‘K’ dated 12.08.2025 granting permission to the Deputy Superintendent of Police, H & B Division, C.I.D. and Chief Investigating Officer to invoke Sections 3 and 4 of the Karnataka Control of Organised Crime Act, 2000 [’KCOCA’ for brevity] as against the petitioner in Crime No.73/2025 registered by the Station House Officer, Bharathinagar Police Station as regards the offences punishable under Sections 103 and 190 of the Bharatiya Nyaya Sanhita, 2023 [’ BNS ’ for brevity].
2. The petitioner has also filed Criminal Petition No.10290/2025, whereby, he has sought for quashing of proceedings in Crime No.73/2025 registered pursuant to FIR in Crime No.73/2025 pending before Bharathinagar Police Station on the file of the X Additional Chief Metropolitan Magistrate at Mayohall, Bengaluru for the offences punishable under Sections 103 and 190 of BNS . The petitioner has however filed a memo and has sought for withdrawal of the said Criminal Petition.
BRIEF FACTS:-
3. The brief facts are that the petitioner is a Member of
The invocation of KCOCA requires clear evidence of organized crime and continuing unlawful activities, which were not substantiated in this case.
At stage of granting prior approval under Section 24(1)(a) of Karnataka Control of Organized Crimes Act, 2000, competent authority is not required to wade through material placed by Investigating Age....
Charges under KCOCA require substantial evidence directly linking the accused to organized crime; mere confessions from co-accused are insufficient.
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
For ascertaining the legal position under Section 2(1)(d) of MCOCA, the date of third occurrence should be the relevant date for counting the preceding ten years.
(1) Interpretation of Statute – Rule of strict construction cannot be applied in an impracticable manner so as to render the statute itself nugatory.(2) Organised crime – Any person who is declared a....
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
The court affirmed that involvement in an organized crime syndicate justifies stringent bail denials, emphasized by the presence of multiple charges and confessions from co-accused.
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