Karnataka High Court
H.K.Prathap vs State By K.R.Puram on 5 March, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
WRIT PETITION NO.30818/2015 (GM-POLICE)
C/W
WRIT PETITION NO.11398/2015 (GM-RES)
W.P.NO.30818/2015
BETWEEN:
1. H.K.PRATHAP
AGED ABOUT 34 YEARS,
S/O M C KRISHNAPPA,
R/AT 215, 1ST MAIN ROAD,
4TH CROSS, MUNIYAPPA BADAVANE,
OPP TO MM KALYANA MANTAPA,
K.R. PURAM, BANGALORE-36.
2. HARISH. P @ PAKKA
AGED ABOUT 26 YEAR,S
S/O LATE P. SRIRAM,
R/AT NO.150, RAILWAY COLONY,
J.C. LAYOUT,
OPPOSITE LITTLE BLOOM SCHOOL,
K.R. PURA, BANGALORE-36.
3. H. NAVEEN KUMARA @ APPU
AGED ABOUT 25 YEARS,
S/O K.R. HONNAIAH
R/AT NEAR PUTTUR KATTAMANE,
BEHIND RAILWAY QUARTERS,
DEVASANDRA, J.C. LAYOUT,
K.R. PURA, BANGALORE-36.
4. NADEEMA @ SASA
AGED ABOUT 22 YEARS,
S/O SASA RAMAMURTHY,
R/AT NARASIMHAIAH NILAYA,
GURUPRASAD HOUSE,
MAZID ROAD, 1ST MAIN,
2
DEVASANDRA, K.R. PURA,
BANGALORE-36.
5. DEEPAK G @ DEEPU @ PUTTA
AGED AOUT 21 YEARS,
S/O GANESH,
R/AT PREETHAM WATER SUPPLY HOUSE,
NEAR SAI MANJUNATHA BAKERY,
SHYAMANNA GARDEN,
VIANAYAKANAGARA,
J.P. NAGAR, 5TH STAGE,
BANGALORE-78.
6. VENUGOPALA @ PUTTA
AGED ABOUT 24 YEARS,
S/O LATE THIMMAIAH SHETTY,
R/AT 1ST CROS, 11TH MAIN,
RAGHAVENDRA BLOCK,
HANUMANTHANAGARA,
50 FEET ROAD, BANGALORE-19.
7. SHARATH SINGH
S/O HANUMAN SINGH
AGED ABOUT 18 YEARS,
R/AT AVALAHALLI,
VIRGONAGAR POST,
BANGALORE-560049.
8. ABHISHEKH Y.D
AGED ABOUT 18 YEARS,
S/O DEVEGOWDA,
R/AT NO.331,
NEAR GANESHA TEMPLE,
VINAYAKANAGARA,
LAKSHMIPURA LAYOUT
K.R. PURAM,
BANGALORE-36.
... PETITIONERS
(BY SRI. SHARATH S GOWDA, ADVOCATE)
AND:
1. STATE BY K.R.PURAM
CENTRAL CRIME BRANCH
BANGALORE CITY
PIN CODE-560036.
3
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE CITY
GOVT. OF KARNATAKA
PIN CODE:560001.
3. ASSISTANT POLICE COMMISSIONER
ORGANIZED CRIME
CENTRAL CRIME BRANCH
NT PET,
BANGALORE-560002.
... RESPONDENTS
(BY SRI. B.V. KIRHSNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD.28.8.2014 VIDE ANNEX-A PASSED BY THE R-2 IN
GRANTING APPROVAL TO FILE CHARGE SHEET IN CRIME
NO.138/13 INVOKING SECTION 3[1] [i] OF KCOCA ACT BY THE
R-1 POLICE, DIRECT THE SPECIAL COURT TO TRANSFER THE
CASE TO REGULAR COURT EXERCISING ITS POWER UNDER
SECTION 11 OF THE KARNATAKA CONTROL OF ORGANIZED
CRIME ACT, 2000 [KCOCA]., ETC.,
W,P.NO.11398/2015
BETWEEN:
1. SANDEEP KUMAR
AGED ABOUT 21 YEARS
S/O LOKESH
R/AT 173, OLD POLICE STATION
OPPOSITE VASAVI MAHAL
K R PURAM
BANGALORE 36
2. RAMESH M @ DGA
AGED ABOUT 39 YEARS
S/O MUNISWAMY
R/AT NO.5, VINAYAKA NILAYA
4
2ND CROSS, BEHIND R R STILE
DAYANANDA LAYOUT
RAMAMURTHY NAGAR
BANGALORE 36
... PETITIONERS
(BY SRI. SHARATH S GOWDA, ADVOCATE)
AND:
1. STATE BY K.R.PURAM
CENTRAL CRIME BRANCH
BANGALORE CITY
PIN CODE-560036.
REP BY I.O
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE CITY
GOVT. OF KARNATAKA
PIN CODE:560001.
3. ASSISTANT POLICE COMMISSIONER
ORGANIZED CRIME
CENTRAL CRIME BRANCH
NT PET, BANGALORE-560002.
... RESPONDENTS
(BY SRI. B.V. KIRHSNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD.28.8.2014 VIDE ANNEX-A PASSED BY THE R-2 IN
GRANTING APPROVAL TO FILE CHARGE SHEET IN CRIME
NO.138/13 INVOKING SECTION 3[1] [i] OF KCOCA ACT BY THE
R-1 POLICE, DIRECT THE SPECIAL COURT TO TRANSFER THE
CASE TO REGULAR COURT EXERCISING ITS POWER UNDER
SECTION 11 OF THE KARNATAKA CONTROL OF ORGANIZED
CRIME ACT, 2000 [KCOCA]., ETC.,
THESE WRIT PETITIONS COMING ON FOR HEARING THIS
DAY, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING:
5
ORDER
Petitioners are accused No.1, 2, 4, 5, 6, 7, 8, 11 and 12 in Special C.C.No.382/2014 before the Special Court to try offences under Section 11 of the Karnataka Control of Organized Crime Act, 2000 (KCOCA).
2. Petitioners are aggrieved by the order of respondent No.2 by which he has granted permission to file charge sheet against present petitioners and others for offences punishable under Sections 120B, 143, 144, 147, 203, 201, 212 r/w Section 149 of IPC and Section 3(1)(i) of Karnataka Control of Organized Crime Act, 2000 (KCOCA) in Crime No.138/2014 of K.R.Puram Police Station. Pursuant to grant of such permission dated 28.08.2014 (Annexure-A to the writ petition), charge sheet has been filed against writ petitioners and same is numbered as Special C.C.No.382/2014 before Special Court (KCOCA), Bengaluru.
3. In that view of the matter, petitioners can seek discharge before the Special Court by urging all grounds which is open to them. Under such circumstances, since that remedy is available under law, it is not necessary to entertain 6 these writ petitions. Accordingly, writ petitions are dismissed. Liberty is reserved to petitioners to seek discharge before the learned Special Court, if so advised.
In view of writ petitions having been disposed of, interim order granted stands vacated.
Sd/-
JUDGE DR