Karnataka High Court
The State Of Karnataka By The Gokak Ps Rep ... vs Mahantesh Appayya Badaraddi on 23 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-D:1561
CRL.A No. 100583 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100583 OF 2022 (12(KCOCA))
BETWEEN:
THE STATE OF KARNATAKA
BY THE GOKAK POLICE STATION,
R/BY ADDITIONAL STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...APPELLANT
(BY SRI RANGASWAMY R., HCGP)
AND:
1. MAHANTESH S/O. APPAYYA BADARADDI,
AGE: 42 YEARS, OCC. GOVERNMENT SERVANT,
R/O. GOKAK FALLS, 66/4,
NOW AT, MANIKAWADI,
GOKAK, DIST. BELAGAVI-591307.
2. DEEPAK SHRIKANT INGALAGI
AGE: 24 YEARS, OCC. COOLIE,
Digitally
VIJAYALAXMI signed by
M BHAT VIJAYALAXMI
R/O. ADI JAMBHAV NAGAR,
M BHAT
GOKAK, DIST. BELAGAVI-591307.
...RESPONDENTS
THIS CRIMINAL APPEAL IS FILED U/S 12 OF KARNATAKA
CONTROL OF ORGANIZED CRIME ACT, 2000 OF CR.P.C., SEEKING
TO GRANT LEAVE TO APPEAL AGAINST THE ORDER OF REJECTION
DATED 02.03.2021 PASSED BY THE PRL. SESSIONS JUDGE,
(KCOCA SPL. JUDGE), BELAGAVI IN SPECIAL CASE NO. 202/2020.
AND TO SET ASIDE THE ORDER DATED 02.03.2021 PASSED BY
THE PRL. SESSIONS JUDGE, (KCOCA SPL. JUDGE), BELAGAVI IN
SPECIAL CASE NO.202/2020 AND TO PERMIT THE PROSECUTION
TO TAKE THE RESPONDENT INTO POLICE CUSTODY FOR FURTHER
INVESTIGATION.
-2-
NC: 2024:KHC-D:1561
CRL.A No. 100583 of 2022
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 12 of the Karnataka Control of Organised Crimes Act, 2000 (hereinafter referred to as 'the KCOCA, 2000') is filed assailing the order dated 02.03.2021 passed by the Principal Sessions Judge (KCOCA Special Judge), Belagavi in Special Case No.202/2020.
2. Heard the learned counsel for the appellant.
3. The Investigating Officer in the present case had filed application under Section 156(1) of Cr.P.C. with a prayer seeking police custody of accused No.21 who was arrested on 17.12.2020 and produced before the Trial Court on 18.12.2020. The said application was opposed by the Advocate appearing for accused No.21 in Special Case No.202/2020. The Trial Court vide impugned order dismissed the application filed by the Investigating Officer -3- NC: 2024:KHC-D:1561 CRL.A No. 100583 of 2022 seeking police custody of accused No.21. Assailing the said order, the State is before this Court.
4. Heard the learned HCGP for the appellant.
5. The material on record would go to show that application seeking police custody of accused No.21 was filed before the Trial Court by the Investigating Officer after lapse of 65 days from the date of his arrest. The Trial Court after taking Section 167(2) of the Cr.P.C. for consideration and also placing reliance on the Judgment of the Hon'ble Supreme Court has observed that only during the first 15 days immediately after the arrest, Police custody of an accused can be given and not after expiry of 15 days from the date of arrest has rejected the prayer of the Investigating Officer. I do not find any illegality or irregularity in the said order. In addition to the same, learned HCGP has brought to the notice of this Court that the Trial Court has already framed charges against the accused and the case is now posted for recording of the evidence. Under the circumstances, I do not find any good -4- NC: 2024:KHC-D:1561 CRL.A No. 100583 of 2022 ground to entertain this appeal. Accordingly, the appeal is dismissed.
Sd/-
JUDGE CKK List No.: 1 Sl No.: 5