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Even if an accused has acted individually for a crime syndicate, he could be punished for the offences under the Karnataka Control of Organised Crimes Act (KCOCA), 2000, the High Court of Karnataka has said while declining grant bail to an alleged associate of gangster Bannanje Raja facing the charges under the Act.
Justice M. Nagaprasanna passed order while dismissing a petition filed by Shahi Poojari alias ‘Shadow’, who has been accused of threatening to kill a Udupi-based businessman and his son in 2019 if they do not pay money as demanded.
“The definition of ‘organised crime syndicate’ and ‘organised crime’ under the KCOCA clearly brings out offences by the syndicate and offences by the individual who is a part of the syndicate. Therefore if it is construed that the petitioner has committed certain offences being a part of the crime syndicate, he is also open to those allegations which make the offences punishable under the Act,” the HC said while observing, “if the petitioner has acted individually for the crime syndicate, even then he could be punished for the offences under the KCOCA.”
It was contended on behalf of the petitioner that he had nothing to do with the alleged crime and the investigation officer had deliberately invoked KCOCA against him to deny him bail.
On the other hand, the prosecution said that the petitioner too had indulged in several extortion cases and call details established his links with other accused, including Bannanje Raja, the prime accused in the case.
From the charge sheet, the HC noted that that petitioner’s brother, Ravichandra Poojari, who is also accused in the case, was using a SIM card registered in the petitioner’s name, from inside the jail, and the petitioner had met Bannanje Raja on several occasions, including at the time when the latter was lodged in the prison.
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