SUNIL KUMAR @ SILENT SUNIL Vs. STATE

JUDGEMENT

(1.) These two appeals are preferred by accused No. 12 and accused Nos.l and 2 in Crime No.58/2017 registered by Yelahanka police for the offences punishable under Section 399, 402 I.P.C. and Sections 30 and 27 of the Arms Act, 1959 questioning the orders dated 15.03.2017 and 03.04.2017 handing over them to police custody.

(2.) Appellant - accused No. 12 in Crl.A.No.680/2017 was produced under a body warrant before jurisdictional Magistrate on 01.03.2017 and was remanded to police custody upto 04.03.2017, whereas, appellants - accused Nos.l and 2 in Crl.A.No.681/2017 were apprehended and produced before jurisdictional Magistrate on 20.02.2017 and remanded to police custody upto 06.03.2017. In respect of said crime No.58/2017, provisions of Section 3 of The Karnataka Control of Organised Crimes Act, 2000 (for short 'KCOCA') was invoked and proceedings stood transferred to the Special Court having jurisdiction. In respect of Crime No.58/2017 in Crl.A.No.680/2017, a requisition for further police custody was sought for on 28.03.2017. During this interregnum period i.e., 04.03.2017 and 28.03.2017, appellant was injudicial custody, for reasons best known, no orders were passed on the same day and immediately thereafter jurisdictional Court passed the order on 03.04.2017 granting police custody of the appellant upto 07.04.2017. Likewise, appellants in Crl.A.No.681 /2017 who were in custody from 20.02.2017 to 06.03.2917 had been remanded to judicial custody and on application being filed seeking for police custody, both the appellants were remanded to police custody from 15.03.2017 to 24.03.2017 by order dated 15.03.2017. Appellants being aggrieved by the said orders of remanding to police custody are before this Court and are seeking for setting aside said orders.

(3.) I have heard the arguments of Sri.Younous Ali Khan, learned Advocate appearing for appellants and Sri Sandesh Chowta, learned SPP appearing for the State. Perused the records.