'Karnataka Control of Organized Crime Act applicable only in case of multiple crimes'

BENGALURU: Proceedings pertaining to multiple crimes must be pending and/or prosecuted against an accused for the provisions of Karnataka Control of Organized Crime Act (KCOCA), 2000 to be made applicable, the high court observed recently.
Quashing the proceedings against Mirle Varadaraju, a resident of Bengaluru, Justice Suraj Govindaraj pointed out that two pending cases against the petitioner, one registered by RR Nagar police and another by Annapoorneshwari Nagar cops for various offences in 2018, were quashed by the high court in February and June this year.
Varadaraju had approached the court challenging the FIR registered against him by RR Nagar police station under KCOCA on Jan 7, 2019.
In view of the said proceedings having been quashed, as of today, there are no proceedings in any crime pending against the petitioner. Offences under IPC and or any other enactment are predicate offences for the purpose of exercise of powers under section 24(1)(A) and or section 3 of KCOCA. When proceedings in respect of such predicate offences have been quashed, I'm of the considered opinion that no purpose would be served by continuing them under section 3," the judge said.
"With the object and intent of KCOCA being to take separate proceedings as regards organised crime, it is but required that there should be proceedings as regards multiple crimes being pending and/or being prosecuted for the provisions to be made applicable," the judge explained.
Varadaraju had approached the court challenging the FIR against him. He claimed that since the two criminal cases pending against him were quashed by the high court, the basis for registration of a case under KCOCA was eroded.
On the other hand, the state public prosecutor argued that the case registered in 2019 is for an independent offence and as such, it is sustainable and investigation is required to be carried out.