KCOCA applies to individuals who are part of syndicate: K'taka HC

The High Court of Karnataka has said that the definitions ‘organised crime syndicate’ and ‘organised crime’ under the Karnataka Control of Organised Crimes Act, 2000 (KCOCA), clearly bring out offences by the syndicate and offences by the individual who is part of the syndicate.

Justice M Nagaprasanna observed this while rejecting the bail petition filed by one Shashikumar alias Shashi Poojari, an associate of gangster Bannanje Raja.

The petitioner is one of the accused named in the charge sheet filed in September 2019.

The complainant in the case is a resident of Uppur village in Udupi district and owns a soda factory.

In the complaint filed with the Brahmavar police in March 2019, it was stated that the complainant had received several calls on March 13, 2019, threatening him in Tulu language that he and his son would be eliminated if money was not paid.

The case was transferred to Udupi town police station and Shashi Poojari was arrested on March 21, 2019.

The police had invoked provisions under the KCOCA against him in the charge sheet.

The petitioner stated that he had spent three years seven months in prison and claimed that KCOCA has been invoked against to deny him bail.

On the other hand, the additional state public prosecutor argued that the charge sheet which runs into 7,000 pages shows that the petitioner is a co-accused in an extortion racket and taking hafta is his motive.

The petitioner is named as accused number 2, while Bannanje Raja is the prime accused in the case.

The court noted that though the complaint began with a frivolous allegation, the investigation has revealed an organised crime syndicate.

The court noted that the petitioner’s brother was using mobile phones, sim cards of which is are the name of the petitioner, in the jail for making threatening calls.

The court said that the law laid down by the Supreme Court is that if release of an accused poses a threat to the society, such accused should not be enlarged on bail.

“The definition ‘organized crime syndicate’ and ‘organized crime’ under the Act clearly bring out offences by the syndicate and offences by the individual who is a part of the syndicate.

“Therefore, if it is construed that the petitioner has committed certain offences being a part of the crime syndicate, he is also open to those allegations which make the offences punishable under the Act,” the court said.