EARANNA ALIAS BONDA EARANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed challenging the order passed by the Deputy Commissioner and District Magistrate, Raichur dated 29-12-2015 as against the petitioner under Sec. 3 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 (hereinafter referred to as 'the Goondas Act' for brevity). This order is said to have been confirmed by the State Advisory Board by its order date 3-2-2016, whereby the petitioner is been ordered to be detained for a period of 12 months.

(2.) The facts leading up to the impugned orders is that the petitioner, aged about 46 years was said to be a vegetable vendor and was living with his wife and children at Jalalnagar, Raichur. He had been arrested for offences punishable under Sections 3(1) and 8 of the Goondas Act. It transpires that there were a large number of cases against the petitioner. The details of which are shown in tabular form as extracted hereunder: <FRM>JUDGEMENT_131_LAWS(KAR)6_20161.htm</FRM>

(3.) It is also to be noticed that thought he has been acquitted in several cases, there are other cases which are pending even as on date. It is on account of these large number of cases against the petitioner and the petitioner also being characterised as a rowdy sheeter and having regard to the alleged activities in which the petitioner was involved, it is stated that the above orders have been passed and that the petitioner is now detained without a trial nor a finding of guilt in respect of any of those offences alleged.