IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2018 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA Crl.P. No.1070 OF 2017 C/w Crl.P. No.7450 OF 2016 IN Crl.P. No.1070 OF 2017 BETWEEN:
1. Pavan Kumar @ Pavan, S/o Jayaram, Aged about 24 years, R/at No.2267/3, 5th Main, 6th Cross, Vinayaka Nagara, Mysuru-570006.
2. Sunil Kumar @ Raghu, S/o Balaram, Aged about 28 years, R/o Basavanagudi Street, P.Hosahalli, Belagola Hobli, Srirangapatna Taluk, Mandya District-571606, 3. C.Rakesh @ Rocky, S/o late Chandrahasa, Aged about 19 years, R/at No. 53, Narayana Saraswthamma Nilaya, Opp. Sai Convent, Near Udbhava Ganapathi Temple, 2nd Cross, Bhyraveshwara Nagara, Metagalli, Mysuru-570003.
4. Shivaraju @ Kariya, S/o Kapani Gowda, Aged about 27 years, R/at No.G-283, I Cross, Kurad Street, Ganjam, Srirangapatna Taluk, Mandya Dist.-571477.
5. Padmanabha @ Paddu, S/o Somanna, Aged about 40 years, R/at No.2404, 4th Main, 5th Cross, Near Banashankari Bakery, Vinayakanagara, Mysuru-570006.
6. Karthik .P @ Kuduka S/o Prakash, Aged about 21 years, R/o Kallikoppalu Street, Opposite Church, Palahalli Village, Srirangapatna Taluk, Mandya District-571606.
7. Karthik H.B S/o Bommarase Gowda, Aged about 24 years, R/at No. 83, 7th Main, 6th Cross, Behind Canara Bank, Vinayaka Nagara, Mysuru-570006.
8. Gurudutt B @ Guru @ Thatha, S/o Basava Raju, Aged about 21 years, R/at No.23/4, 6th Main, I Cross, Vinayakanagara, Mysuru-570006.
9. Santhosh M @ BJP Santhosh @ Santhu, S/o BJP Mahadevu, Aged 22 years, R/at No.48, Pump House Hosahalli, Belagola Hobli, Srirangapatna Taluk, Mandya District -571606.
10. Manju @ Fayaz S/o Prakash, Aged about 26 years, R/at No.2613, 2nd Main, 2nd Cross, V.V.Mohalla, Mysuru-570002.
11. Paramesh T S/o late Thammanna Naika, Aged about 38 years, R/at No.2508, 3rd Main, 6th Cross, Vinayakanagara, Mysuru-570006. ... Petitioners (By Sri. Parameshwarappa C, Advocate) IN Crl.P. No.7450 OF 2016 1. C.Madesha S/o Chikkaputtaiah, Aged 52 years, 2. C.Manju S/o Chikkaputtaiah, Aged 49 years, Both are R/at No.2554/1, Kalidasa Road, Vontikoppalu, Mysuru-570002.
3. Chandu @ Chandru, S/o Ganesha, Aged 34 years, Residing at No.2565, Kalidasa Road, Vontikoppal, Mysore-570002.
4. Shivakumar @ Kalappa, S/o late Narayana, Aged 41 years, R/at No. 23, 3rd Cross, Vinayakanagar, Mysuru-570023. … Petitioners (By Sri. Kiran S.Javali, Advocate) AND:
The State of Karnataka by Jayalakshmipuram Police Station, Mysuru City-570016. ... Respondent (Common in both the cases) (By Sri.Sandesh J Chouta-SPP-II A/w Sri. Vijayakumar Majage for respondent) These criminal petitions are filed under Section 482 of Cr.P.C., praying to set aside the order dated 24.05.2016 in Cr.No.26/2016 on the file of I Addl. I Civil Judge and JMFC, Mysuru and on the file of Prl. District and Sessions Judge and Spl. Judge, Mysuru invoking Sec.3 of the Karnataka Control of Organised Crime Act, 2000.
These criminal petitions are coming on for ‘admission’ this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned HCGP.
2. These two petitions are filed calling in question the order passed by the Principle District and Sessions Judge and Special Judge, Mysuru dated 24.05.2016 in Crime No.26/2016 invoking Section 3 of Karnataka Control of Organized Crime Act, 2000.
3. The order dated 24.05.2016 which is impugned here discloses that the I Additional I Civil Judge and JMFC, Mysuru has passed the said order on the application filed by ACP of NR sub division, Mysuru who has filed an application seeking permission to invoke Section 3 of the Karnataka Control of Organized Crime Act, 2000. After perusing such application, the Court found that Karnataka Control of Organized Crime Act has been invoked after the sanction issued by the competent Authority. The Court directed the police to produce accused No.1 and accused No.12 to the Principle District and Sessions Judge and Special Judge for further proceedings.
4. Learned counsel though has strenuously argued that, the said order is illegal or irregular but later submitted that the same has to be tested before the trial Court itself. As both the counsel submit that matter has already been set down for framing of the charges by the Special Court and that, as the accused has been languishing in jail since 2016, therefore, in my opinion keeping open the said issue raised before this Court to be questioned or to be urged before the trial Court itself after the trial is completed at the time of submitting arguments, it is just and necessary to dispose of these petitions with such direction to the trial Court to take up the matter on merits itself and dispose of the matter as expeditiously as possible, preferably within 31st March, 2019.
5. With these observations, these petitions stand disposed off.
6. Petitioners are at liberty to raise all questions raised in this petition at the relevant point of time before the trial Court itself.
Sd/- JUDGE JS