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The petitioners are respectively Accused Nos.2 & 3 in Special C C No.213/2015 pending on the file of Principal City Civil and Sessions Judge, at Bengaluru. These petitions are filed under Section 439 of the Code of Criminal Procedure seeking their release on regular bail.

2. The facts of the case in brief are that Accused No.1 had been in constant touch with Chota Shakeel, a notorious criminal, who instructed Accused No.1 to kill Hindu leaders in Bangalore. In furtherance thereof, Accused No.1 along with his associates, petitioners herein, were making preparation to the said task. The complainant made complaint on knowing the said information and Crime No.459/2015 came to be registered for the offences punishable under Sections 120-B, 153, 153-A, 295(A), 307, 116 r/w Section 34 IPC on 16.11.2015. The petitioners were arrested on 17.11.2015. During the course of investigation, seeing the gravity of allegations against Accused No.1, proposal was sent to invoke the provisions of Karnataka Control of Organized Crime Act, 2000 against Accused Nos.1, 4 & 5. Even on 14.12.2015 when the petitioners were produced before the Principal Sessions Court, Bangalore, there was no reference in the remand application of invoking the provisions of KCOCA against the petitioners. The case was advanced from 21.1.23016 to 14.1.2016 on which date the order dated 13.1.2016 passed by the IGP and Additional Commissioner of Police (Crime), Bangalore was produced granting permission to invoke the provisions of KCOCA. Now the police after completion of the investigation filed charge sheet against the petitioners and others under Sections 120-B, 153, 153(A), 295(A), 307, 419, 468, 471, 420, 118 r/w Section 34 IPC and Section 3 of KCOCA- 2000 and Section 20(b)(ii)(A) of NDPS Act, 1985.

3. I have heard the learned counsel for the petitioners and learned SPP for the State.

4. The learned counsel for the petitioners submits that there was no initial proposal as against the petitioners to invoke the provisions of KCOCA and even on the next two dates when the remand applications were made, there was no reference of invoking the provisions of KCOCA as against these petitioners. Only with an intention to rectify their mistake and to legalize the illegal detention, the provisions of the above Act are invoked. There is no specific allegation against the petitioners except the bare allegation that they are the henchmen and followers of Accused No.1. While invoking provisions of KCOC Act, 2000, proper procedure under Section 2(d) is not followed. The provision of the said Act is applicable to the person who committed offence against which more than one charge-sheet has been filed within the preceding period of ten years and that court has taken cognizance of such offence. In the instant case, only one case is pending as against the accused No.2 and therefore he ought not to have been invoked with provisions of the Act.