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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Sunil Kumar @ Silent Sunil S/o Krishna – Appellant
Versus
Additional Commissioner of Police, Bengaluru – Respondent
ORDER :
1. The petitioner-accused No.12 is before this Court calling in question the entire proceedings in Spl.C.C.No.414 of 2017, arising out of Crime No.58 of 2017 for offences punishable under Sections 399 , 402, 109, and 120B of the IPC , Sections 25 , 27 and 30 of the Arms Act, 1959 and Sections 3(1)(ii), (2) and (4) of the KARNATAKA CONTROL OF ORGANIZED CRIMES ACT , 2000 (hereinafter referred to as ‘KCOCA’ for short).
2. Facts in brief, germane, are as follows:
2.1. A complaint is registered on 05-02-2017 which becomes a crime in Crime No.42 of 2017 before the Yelahanka police station, which leads to arrest of an accused by name Satisha. The petitioner and another, one Rohit in the same crime were taken into custody on 07-02-2017, 2 days after the registration of the crime. On 19-02-2017, the police is said to have received information at around 1.00 a.m. that about 8 to 10 persons have gathered and were conspiring to commit robbery of money and jewels. At about 1.40 a.m. the police confronted those accused, out of whom, 4 ran away and 4 get apprehended. Now comes the registration of the crime in Crime No.58 of 2017 – the subject crime, for offences punishable under Sections 39
Charges under KCOCA require substantial evidence directly linking the accused to organized crime; mere confessions from co-accused are insufficient.
The judgment emphasizes the requirement of proving criminal conspiracy and the insufficiency of evidence to establish the petitioner's involvement, highlighting the importance of meeting of minds for....
The invocation of KCOCA requires clear evidence of organized crime and continuing unlawful activities, which were not substantiated in this case.
(1) Every court has to be extra cautious and careful while appreciating testimony of eyewitnesses and more so, if such eyewitnesses are related to victim.(2) Family gathering on platform cannot be sa....
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....
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.
Point of law: Additional charge-sheet, the materials are collected with regard to changing of the vehicle number plate and an attempt made to screening of the evidence and invoked Section 201 of IPC ....
(1) Commission of organised crime – There should be agreement between persons who are alleged to conspire doing of an illegal act by illegal means and which by itself may not be illegal.(2) In a crim....
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
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