Allowed

Sri Mirle Varadaraju v. State of Karnataka

Karnataka HC20 Sept 2022CRL.P/410/2019

Case brief

AI extract

What is this about?

This single-judge criminal petition sought quashing of an FIR and proceedings under the Karnataka Control of Organized Crime Act, 2000. The Bench held that the basis for the special proceedings had eroded as the prior predicate offences were quashed in earlier orders, rendering the continuation of KCOCA proceedings impermissible.

What did the court decide?

The criminal petition was allowed. The FIR Crime No.2/2019 and its proceedings pending before the Sessions Judge under the Karnataka Control of Organized Crime Act, 2000 against the petitioner were qu

Sri Mirle Varadaraju Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2022)

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1 - CRL.P No. 410 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 410 OF 2019

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BETWEEN:

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SRI MIRLE VARADARAJU S/O LATE BORE GOWDA AGED ABOUT 57 YEARS, NO.544, V MAIN ROAD KENGERI SATELLITE TOWN BENGALURU-560060

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…PETITIONER

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(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL A/W SRI. SRINIVAS RAO S S.,ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH RAJARAJESWARINAGAR POLICE STATON BENGALURU-560049 REPRESENTED BY IS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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SRI BALARAJU B ASSISTANT COMMISSIONER OF POLICE CENTRAL CRIME BRANCH BRANCH, ORGANIZED CRIME WING BENGALURU-560 002

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…RESPONDENTS (BY SRI. KIRAN S. JAVALI, SPP A/W SRI. MAHESH SHEETY, HCGP FOR R1 & R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO A. QUASH THE FIR BEARING CR.NO.2/2019 DATED 07.01.2019 ALONG WITH THE WRITTEN INFORMATION DATED 07.01.2019 REGISTERED WITH THE RESPONDENT RAJARAJESHWARI NAGAR POLICE STATION AGAINST THE PETITIONER/ACCUSED NO.2 FOR THE ALLEGED

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CRL.P No. 410 of 2019

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OFFENCE P/U/S 3 OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT, 2000, PENDING ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR KARNATAKA PROTECTION OF INTEREST DEPOSITORS ACT, BANGALORE VIDE ANNEXURE-A AND B. B. QUASH THE ENTIRE PROCEEDINGS IN CR.NO.2/2019 AGAINST THE PETITIONER/ACCUSED NO.2 FOR THE ALLEGED OFFENCE P/U/S 3 OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT, 2000, PENDING ON TH FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR KARNATAKA PROTECTION OF INTEREST DEPOSITORS ACT, BANGALORE VIDE ANNEXURE-C.

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THIS CRL.P, COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following relief:

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a. Quash the Fir Bearing Cr.No.2/2019 Dated 07.01.2019 along with the written information dated 07.01.2019 registered with the respondent Rajarajeshwari Nagar Police Station against the petitioner/accused no.2 for the Alleged Offence p/u/s 3 Of Karnataka Control Of Organized Crime Act, 2000, pending on the file of The Principal City Civil and Sessions Judge and Special Judge For Karnataka Protection of Interest Depositors Act, Bangalore Vide Annexure-A And B.

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b. Quash the entire proceedings in Cr.No.2/2019 against the petitioner/accused no.2 for the alleged offence p/u/s 3 Of Karnataka Control Of Organized Crime Act, 2000, pending on the File of the Principal City Civil And Sessions Judge And Special Judge for Karnataka Protection Of Interest Depositors Act, Bangalore Vide Annexure-C.

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c. Pass any order/s as deems fit to this Hon'ble Court in the interest of justice.

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CRL.P No. 410 of 2019

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The petitioner is aggrieved by the registration of Crime No.2/2019 for alleged offences punishable under Section 3 of the Karnataka Control of Organized Crime Act, 2000 [for short ‘KCOCA’]. In the written information, it is alleged that investigation in Crime No.337/2018 has been initiated by Rajarajeshwari Nagar police station for offences punishable under Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and Section 447, 465, 468, 471, 420, 506 and 504 r/w 34 of IPC and that the Annapurneshwari nagar police station have registered Crime No.395/2018 which is under investigation for the offences punishable under Section 143, 147, 148, 120(B), 307, 447, 327, 506, 468, 471, 384 r/w 149 of IPC.

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Based on the above two investigations pending in the aforesaid crime numbers, it is alleged that the petitioner and certain others were involved in the organised crimes and as such, the same is punishable under Section 3 of the KCOCA and as such, the Deputy

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CRL.P No. 410 of 2019

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Inspector General of Police has issued necessary permission under Section 24(1)(a) of KCOCA.

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Sri.Ashok Haranahalli, learned Senior counsel appearing for the petitioner would submit that though the petitioner was named as accused in those two crime numbers, the petitioner had filed Crl.P. No.6687/2019 seeking for quashing of the proceedings arising out of Cr. No.337/2018 and this Court vide its order dated 21.06.2022 has allowed the petition and quashed FIR in Cr. No.337/2018. He further submits that the petitioner filed Crl.P. No.4254/2019 challenging the FIR in CR.No.395/2018 this Court vide order dated 15.02.2022 quashed the same.

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Based on the above, he submits that the basis for Section 24(1)(A) order being the registration and pendency of Cr. No.337/2018 and 395/2018, the said proceedings having been quashed the very basis for Section 24(1)(A) order has been eroded and without the existence of those two proceedings, the

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CRL.P No. 410 of 2019

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proceedings under Section 3 by virtue of the order passed under Section 24(1)(A) would not be permissible and as such, the new FIR which has been registered in Crime No.2/2019 is required to be quashed.

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Per contra, Sri.Kiran S.Jawali, learned SPP would submit that the Crime No.2/2019 is an independent offence and as such, it is sustainable and investigation is required to be carried out.

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Heard Sri.Ashok Haranahalli, learned Senior counsel for the petitioner and Sri.Kiran S.Jawali, learned SPP

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for the respondent-State. Perused documents.

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Section 3 of the KCOCA reads as under:

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3. Punishment for organized crime –

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(1) whoever commits an organized crime shall, - (i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, which shall not be less than one lakh rupees.

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(ii) In any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be

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CRL.P No. 410 of 2019

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liable to fine, which shall not be less than five lakh rupees.

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(2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organized crime or any act preparatory to organized crime, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine, which shall not be less than five lakh rupees.

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(3) Whoever harbors or conceals or attempts to harbor or conceal, any member of an organized crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to a fine, which shall not be less than five lakh rupees.

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(4) Any person who is a member of an organized crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine which shall not be less than five lakh rupees.

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(5) Whoever holds any property derived or obtained from commission of an organized crime or which has been acquired through the organized crime syndicate funds shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to a fine, which shall not be less than two lakh rupees.

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In terms of Section 3(1) proceedings can be initiated against a member of the organized crime syndicate for offences which are punishable for 10 years or more. In terms of Section 3(2) of the KCOCA proceedings

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CRL.P No. 410 of 2019

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can be initiated as regards other offences. In respect of both the above, permission under Section 24(1)(A) is required to be obtained. Section 24(1)(A) of KCOCA reads as under:

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(a) No information about the commission of an offence of organized crime under this Act shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police;

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Section 24(1)(A) refers to Section 2(d) of KCOCA which deals with continuing unlawful activity which is reproduced as under:

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(d) “Continuing unlawful activity” means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organized crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;

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Though when the order under Section 24(1)(A) when passed was proper and correct inasmuch as there were more than two proceedings which were pending and power under Section 21(1)(A) could be exercised as regards granting permission for lodging of a complaint and registration of Crime No.2/2019.

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CRL.P No. 410 of 2019

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However, during the pendency of the said matter, the petitioner has approached this Court and by virtue of order dated 15.02.2022 in Crl.P. No.4254/2019 the proceedings in Crime No.395/2018 has been quashed and by order 21.06.2022 in Crl.P. No.6687/2019 the proceedings in Crime No.337/2018 has been quashed.

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In view of the said proceedings having been quashed,

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as on today there is no proceedings in any crime number which are pending as against the petitioner. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24(1)(A) and or Section 3 of the KCOCA when the proceedings in respect of such predicate offences have been quashed, I am of the considered opinion there is no purpose which would be served by continuing the proceedings under Section 3 of the KCOCA, more so for the reason that the object and intent of KCOCA being to take separate proceedings as regards organized crime, it is but required that there should be proceedings as

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CRL.P No. 410 of 2019

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regards multiple crimes being pending and/or being prosecuted for the provisions of KCOCA to be made applicable.

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Hence, I pass the following:

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ORDER

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i. The Criminal Petition is allowed. The

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proceedings in Crime No.2/2019 registered by the Rajarajeshwari Nagar police station insofar as the petitioner-accused No.2 is concerned now pending on the file of the City Civil and Sessions Judge for Karnataka Control of Organised Crime Act, 2000 is hereby quashed.

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ii. Needless to state that proceedings against the other accused shall continue.

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Sd/JUDGE

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LN List No.: 1 Sl No.: 77

Sri Mirle Varadaraju v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mirle Varadaraju v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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