Case Note & Summary
The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with Crime No.221/2017 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for offences punishable under Sections 302, 120B, 114, 118, 109, 201, 203, 204 and 35 of the Indian Penal Code, 1860, Sections 25(1), 25(1B) and 27(1) of the Indian Arms Act, 1959, and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Karnataka Control of Organised Crime Act, 2000 (KCOCA). The charge sheet was filed in Spl.C.C.No.872/2018 pending before the Principal City Civil and Session Judge, Bengaluru City. The petitioners are accused Nos. 1, 17 and 18 respectively. The case arises from the murder of one person allegedly by an organised crime syndicate. The prosecution opposed bail on grounds of seriousness of offences and possibility of tampering with evidence. The court examined the charge sheet materials and found that the role attributed to the petitioners was not sufficient to make out a prima facie case under KCOCA. The court noted that the petitioners were not named in the FIR and their involvement was based on statements of co-accused. The court held that mere presence at the scene or association with co-accused without evidence of active participation in the organised crime does not attract Section 3 of KCOCA. The court also considered the period of incarceration and the fact that trial was not likely to conclude soon. Accordingly, the court allowed the petitions and granted bail to all three petitioners subject to conditions including furnishing of bonds, reporting to the police station, and not tampering with evidence.
Headnote
A) Criminal Procedure Code, 1973 - Section 439 - Bail - Regular bail - Petitioners accused of murder and offences under KCOCA - Held that bail can be granted if there is no prima facie case of active participation in organised crime and the accused are not flight risks or likely to tamper evidence (Paras 1-20). B) Karnataka Control of Organised Crime Act, 2000 - Section 3 - Organised crime - Prima facie case - Mere presence at scene or association with co-accused without evidence of being a member of organised crime syndicate or committing organised crime - Held that such circumstances do not attract Section 3 KCOCA (Paras 15-18). C) Indian Penal Code, 1860 - Section 302 - Murder - Bail - When charge sheet does not attribute specific overt act to accused and evidence is circumstantial - Held that accused can be enlarged on bail subject to conditions (Paras 10-14).
Issue of Consideration
Whether the petitioners are entitled to regular bail under Section 439 CrPC in a case involving offences under IPC and Karnataka Control of Organised Crime Act, 2000, when the charge sheet does not prima facie establish their active involvement in the organised crime syndicate or the murder.
Final Decision
All three criminal petitions are allowed. The petitioners are ordered to be released on regular bail subject to conditions: (i) they shall execute a personal bond of Rs.2,00,000/- with two sureties each; (ii) they shall appear before the trial court on all hearing dates; (iii) they shall not tamper with prosecution witnesses; (iv) they shall not leave the jurisdiction without prior permission; (v) they shall mark their attendance once a month before the investigating officer until further orders.
Law Points
- Bail
- Prima facie case
- Organised crime
- Conspiracy
- Section 439 CrPC
- Section 3 KCOCA
- Section 302 IPC
