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1. Appellant who is arraigned as accused No.13 has filed this appeal challenging the order dated 14.10.2022 by which KCOCA Spl. Judge, Belagavi has rejected the bail application filed by him u/sec.439 Cr.P.C. He has sought for setting aside the said order and to grant him bail in Crime No.72/2020 of Gokak Town Police Station for the offences punishable u/secs.120-B, 109, 201 r/w Sections 34, 35, 37 and 149 IPC and Sections 3(2), 3(4), 3(5) and 4 of Karnataka Control of Organized Crimes Act, 2000 (for short, 'KCOCA 2000').

2.1. To attract the provisions of Section 2(d) of KCOCA 2000, the prosecution has alleged that appellant is involved in Crime No.126/2020 for the offences punishable u/secs.143, 147, 384, 504 and 506 r/w/s 149 IPC. However in the absence of two or more charge sheets, it would not satisfy the requirement of continuing unlawful activities as defined u/sec. 2(b) of KCOCA 2000. No charge sheet is filed in respect of the previous crime number allegedly involved by the appellant. Column No.12(xv) of NC: 2023:KHC-D:11180 the charge sheet indicate that appellant has no previous convictions.

11. Based on the complaint, case was registered in Crime No.72/2020 for the offences punishable under Sections 143, 147, 148, 307, 504, 506 r/w/s 149 IPC and Sections 3 (2) (v) of SC and ST (POA) Act and investigation was taken up.

12. During the course of investigation, it was realized that the accused persons are members of Tiger Gang-an organized crimes syndicate indulged in organized

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NC: 2023:KHC-D:11180 crimes and continuing unlawful activities. Therefore, the entire investigation papers were placed before the Addl.Director General of Police, Belagavi Division and after perusal of the same and on being satisfied with the fact that the provisions of KCOCA 2000 are attracted, he has granted prior approval to proceed against accused Nos.1 to 20. As required under Section 24(1)(a) of KCOCA, 2000 to invoke the provisions of Sections 3 and 4 of KCOCA, 2000. After completing the investigation, charge sheet is filed against Accused persons (Nos.1 to 17, 19 and 21 for the offences punishable under Sections 143, 147, 148, 150, 341, 120B, 302, 109, 115, 212, 201, 504, 506 r/w/s 34, 35, 37, 149 IPC and Sections 3 and 4 of KCOCA 2000, Sections 3(1)(s), 3(2)(v), 3(2)(v,a), 8(1)A of SC and ST (POA) Act and Sec.25(1)A, 25(1)(b) of Arms Act). After further investigation, additional charge sheets are filed on 12.03.2021 and 10.12.2021.

13. At the outset, learned senior counsel representing appellant/accused No.13 submitted that in

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NC: 2023:KHC-D:11180 order to attract the provisions of Section 3 of KCOCA, he must be guilty of continuing unlawful activity as defined under Section 2(1)(d) of KCOCA and for this in the preceding 10 years more than one charge sheet have been filed. However, as against the appellant/accused No.13, only one case is registered, that too subsequent to the present case and therefore, the provisions of KCOCA are not attracted to his case. However, as rightly pointed out by the learned HCGP and learned counsel for the respondent No.2/de facto complainant, this controversy is clarified by the Hon'ble Supreme Court in Kavitha Lankesh and held that requirement of more than two charge sheets having been filed for the specified offences before the Competent Court in the previous ten years applies only to the offence of organised crime punishable under Section 3(1) and not to offences specified in Sections 3(2) to (5) and that too such charge sheets need to be only qua the organised crime syndicate and not qua individual member(s) thereof. For later category of offence in Sections 3(2) to (5), it is not essential that more than