C.T. Ravikumar JUDGMENT
A.M. Khanwilkar, J.
1. These appeals emanate from the judgment and order dated 22.04.2021 passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 9717 of 2019 (GM-RES), whereby the High Court partly allowed the writ petition and quashed the order bearing No. CRM(1)/KCOCA/01/2018 dated 14.08.2018 issued by the Commissioner of Police, Bengaluru City according prior approval to invoke offences Under Section 3 of the Karnataka Control of Organised Crimes Act, 20001 against Mohan Nayak N. (private Respondent herein)2 being crime registered with Rajarajeshwari Nagar Police Station as FIR No. 221/2017 dated 05.09.2017 and to enquire into the same.
2. Shorn of unnecessary details, be it noted that the present appeals pertain to the incident which had occurred on 05.09.2017 in which one Gauri Lankesh, who was a leading journalist, was shot dead by certain unknown assailants near her house at Rajarajeshwari Nagar, Bengaluru. Her sister-Kavitha Lankesh (Appellant herein) rushed to the spot and after seeing her sister in a precarious condition, immediately lodged a complaint with the Rajarajeshwari Nagar Police Station, which came to be registered for offences punishable Under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, 19593 being FIR No. 221/2017 dated 05.09.2017. The investigation of the crime was thereafter entrusted to the Special Investigating Team4 on 06.09.2017.
3. In the course of investigation, a preliminary chargesheet came to be filed against the concerned Accused on 29.05.2018. The crime was then committed to the City Civil and Sessions Judge as CC No. 14578 of 2018. The Investigating Officer had sought permission of the Magistrate to file an additional chargesheet Under Section 173(8) of the Code of Criminal Procedure as the investigation was still underway. The private Respondent-Mohan Nayak N. came to be arrested on 18.07.2018 in connection with the stated crime. The further investigation revealed that the Accused persons in Special CC No. 872 of 2018 were involved in organized crime as a syndicate which attracted the provisions of Section 3 of the 2000 Act. The SIT submitted that report to the Chief Investigating Officer, who then sought approval of the Commissioner of Police, Bengaluru City vide proposal dated 07.08.2018, to invoke Section 3 of the 2000 Act concerning organized crime.
4. After due consideration of the stated report and the entire investi........