Charges under KCOCA require substantial evidence directly linking the accused to organized crime; mere confessions from co-accused are insufficient.

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 399 and 402 of the IPC read with Sections 27 and 30 of the Indian Arms Act, against 8 persons on a complaint so registered by the Police Inspector, Yelahanka Police Station. On the basis of the registration of the crime, voluntary statements of accused Nos.1 and 2 were recorded and those persons mention the name of the petitioner to be a part of the group on the night of 19-02-2017. On 07-03-2017, the police invoke the provisions of the KCOCA and submit a requisition before the learned Magistrate for inclusion of offence under Section 3 of the KCOCA in the impugned crime No. 58 of 2017. The concerned Court permits its inclusion. Investigation then leads to filing of the charge sheet on 11-05-2017 and an additional charge sheet on 07- 08-2017 for offences punishable under Sections 3(1)(ii), (2) and (4) of the KCOCA and Sections 109 and 120B of the as against the petitioner.

2.2. The accused No.11 in Crime No.58 of 2017 call the inclusion of KCOCA in question before this Court in W.P.No.16771 of 2017. The coordinate bench of this Court, in terms of its order dated 08-06-2023, allowed the petition and quashed the inclusion of KCOCA, holding that there were no ingredients to include the offence under KCOCA. Further, against the same accused, accused No.11, this Court in Crl.P.No.9819 of 2023 has quashed the proceedings. The petitioner, on the very same grounds, as that of accused No.11 one K.S.Rohit, is before this Court, seeking quashment of the entire proceedings in Spl. Case 414 of 2017, which arises out of Crime No.58 of 2017.

3. Heard Sri Mayur D Bhanu, learned counsel appearing for petitioner and Sri B N Jagadeesha, learned Additional State Public Prosecutor appearing for respondents.

4. The learned counsel appearing for the petitioner would submit that the requisition of the Assistant Commissioner of Police seeking approval of inclusion of KCOCA is on the face of it illegal. In the absence of any report being made, to indicate primary ingredients of KCOCA, the Authorities could not have invoked the same. On these primary submissions, several submissions are built up by the learned counsel for the petitioner, but what is underlying is that, inclusion of KCOCA qua the other accused is quashed by the coordinate bench and this Court, in Crl.P.No.9819 of 2023 has quashed the proceedings in the subject crime qua accused No.11.

5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on recor