ANANDA @ NAVULE ANANDA @ DHANANAJAYA Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the 3rd accused of a criminal case in Crime No.151/2/14 on the file of Vinobanagar police station, Shivamogga City. After concluding investigation, charge sheet has been filed for the offences punishable under Sections 504, 506, 120B, 399, 400, 402 read with Section 141, I.P.C. and Section 66(A) of the I.T.Act, 2000, and also Sections 3, 8, 25(1- B), (1-A, (1-C) of the Arms Act and Section 3 of the Karnataka Control of Organized Crimes Act, 2000. He is in judicial custody and hence this bail application is filed on his behalf under Section 439, Cr.P.C.

(2.) A case is registered against the petitioner on the basis of first information lodged by an arecanut merchant of Shivamogga City by name Onkarappa, who also happens to be the president of the Arecanut Trade Association. He chose to file first information on 3.6.2014 initially for the offences punishable under Section 504, 506, I.P.C. and Section 66A of the I.P.Act, 2000. After taking up investigation, further statement of the first informant was recorded and he has referred to the threat made by Bananje Raja, the first accused demanding money by way of extortion. On disclosure of identity, it enabled the investigation agency to proceed further.

(3.) Learned Addl. SPP, Mr.K.R.Keshava Murthy has vehemently opposed the bail application by filing detailed objections. He has argued that the petitioner is a part of organized gang involved in a series of crimes like murder and extortion and that he had assisted the 1st accused who was abroad in Morocco. He has argued that if he is let on bail, he is likely to commit similar offences and it would be very difficult to conduct further investigation. On the basis of disclosure made, the 1st accused has been deported from Morocco to India.