Though part of Bannaje Raja’s crime syndicate, individual act attracts KCOCA: HC

NT Correspondent

Bengaluru:

Dismissing a petition for bail by a member of the Bannanje Raja (in pic) crime syndicate, the High Court has said that anyone part of a ‘crime syndicate’ is liable under the Karnataka Control of Organised Crimes Act (KCOCA) even if they acted individually. “If the petitioner has acted individually for the crime syndicate, even then he could be punished for those offences under the Act.

Therefore, it is not a case where the petitioner is to be enlarged on bail,’ Justice M Nagaprasaanna said while dismissing a petition by Shashi Poojari aka Shadow aka Shashikumar. “The definition of ‘Organised crime syndicate’ and ‘Organised crime’ under the Act clearly bring out offences by the syndicate and offences by the individual who is part of the syndicate.

Therefore, if it is construed that the petitioner has committed certain offences being a part of the crime syndicate, he is also open to those allegations which make the offences punishable under the Act,” the HC said in its judgement on November 2. A complaint had been filed in 2019 in Udupi by the owner of Royal Soda Factory.

He had sold his property and earned several crores. He received a call from an unknown person threatening him and trying to extort money. Shashi Poojari was arrested in connection with this extortion bid and has been in jail since March 21, 2019. Ravichandra Poojari, the brother of Shashi Poojari is another accused who has been arrested in the same case.

The police have filed a 7000-page charge sheet in the case. Rajendra Kumar SV aka Bannaje Raja is accused of being the chief of the crime syndicate. After failing to obtain bail in the Sessions Court, Shashi Poojari approached the HC. His advocate argued that he was in jail for 3 years and 7 months.

The government advocate however pointed out that “It is not that this is the solitary case, but there are several cases against him concerning such extortion. The nexus between the petitioner and other co-accused and the offences are grave in nature as the petitioner is part of an organised crime syndicate which is involved in the acts of extortion.

” Dismissing the bail petition, the HC said, “it is also the law that is laid down by the Apex Court that if release of an accused would pose a threat to the society, such accused should not be enlarged on bail. The material on record does not warrant rejection of the petition seeking enlargement of bail.”