GUNA ALIAS KOONUMUTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS judgment shall dispose of W. P. (hc) nos. 130 to 169 of 1999 as common questions of law and facts are involved in all these cases. The facts are taken from W. P. No. 130 of 1999.

(2.) THE common thread running through all these cases is that veerappan and his gang were involved in sandalwood smuggling and elephant poaching activities in the states of Karnataka and tamil nadu. In committing the crimes veerappan and his gang were alleged to have used various types of weapons and explosive materials like gelatin. Apart from committing numerous crimes in the cases in which offences under the terrorist and disruptive activities (prevention) Act, 1985 (for short, the 'tada act') are involved, they are said to have attacked police patrolling parties as also police stations by planning and organising ambushes, placing mine fields and so on. By causing explosions to take place when police convoys passed through and thereafter attacking the stranded police personnel, number of police personnel including senior officials were reportedly killed and many other injured. After the raids, the gang is alleged to have taken away weapons, ammunitions and explosives.

(3.) IT is averred that 143 persons were arrayed as accused in cases falling under the tada act. About 103 persons are alleged to have been members of veerappan's gang including veerappan himself. Of these people, about 46 persons are said to have been killed or otherwise died at the hands of the police either in encounters between the police and the gang or in other incidents. Of the remaining, 24 persons are said to be absconding (including veerappan ). Names of 22 persons have been deleted from the charge-sheet. The rest of the accused are said to have been local villagers and others who have harbored veerappan and his gang or have given him aid or shelter in their illegal activities. About 121 persons were apprehended in the present case and the connected cases. Arrested persons were incarcerated in central prison at Mysore from mid 1993 onwards. Of these people, 71 persons have been released on bail by the designated court, Mysore by a common order dated 15-11- 1996, following the directions given by the Supreme Court in the case of Shaheen Welfare Association v Union of India and others, as they were judged to fall in category (c) as provided in that judgment. As regards the other 50 persons including the petitioner since the designated judge was of the opinion that they fall under category (a) of the judgment, bail was denied.