RAJU AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Younous Ali Khan, learned Counsel appearing for petitioners and Sri Sandesh J. Chouta, learned State Public Prosecutor appearing for respondent-State. Perused the records.

(2.) Short point that arises for consideration in this petition is:

(3.) Respondent-police registered a suo motu case on 20-2-2017 at 3.00 a.m. in Crl. No. 58 of 2017 for the offences punishable under Sections 399 and 402 of Indian Penal Code, 1860 and sections 30 and 27 of the Arms Act, 1959 against named eight (8) persons and others. It was alleged thereunder that Police Inspector of Yelahanka Police Station received credible information on 19-2-2017, while he was in night patrol duty that some persons had prepared to commit dacoity near judicial colony and as such, he proceeded to the said place at about 1.40 a.m. and found Mohankumar, Nagaraj, Raju, Basavaraju, Abhi, Chetu, Prakash, Mahesh and others were holding pistol and knives and had prepared to commit dacoity of gold, cash and valuables from the pedestrians, who would pass-by and as such, immediately they apprehended Mohankumar, Nagaraja, Raju and Basavaraju and seized vehicles, pistol, live bullets, knife, etc. under mahazar after registering the FIR. During the pendency of investigation Section 3 of the Karnataka Control of Organised Crimes Act, 2000 (hereinafter referred to as 'KCOCA' for short) came to be invoked on 7-3-2017 against accused 1, 2, 11, 12 and 18 as per Annexure-C.