Mumbai, Nov 2 A sessions court here on Monday denied anticipatory bail to alleged gangster Kumar Krushna Pillai, currently residing in Hong Kong, saying his custodial interrogation was required considering the "gravity of the accusations".
Additional Sessions Judge P A Sable, in his order, noted the accusations are of an "extremely serious nature" involving offences punishable under sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code.
The court said the legal issue pertaining to extradition proceedings may be examined at a later stage.
"At present, the court is only concerned with determining whether the extraordinary discretionary relief of anticipatory bail should be granted," the court noted.
It underlined that the merits of the prosecution case or the legal consequences flowing from the extradition proceedings cannot be conclusively adjudicated in the present application.
Pillai had approached the court seeking pre-arrest bail in a case initially registered at the Vikhroli police station in 2007 and subsequently investigated by the Mumbai Crime Branch's Anti-Robbery and Dacoity Cell (now merged with the Anti-Extortion Cell).
He has been booked under Indian Penal Code for murder (302) and attempt to murder (307), along with provisions of the Arms Act.
Representing Pillai, advocate Pankaj Kavale argued that his client was falsely implicated and was not physically present in India when the offence occurred nearly 19 years ago.
Kavale submitted that after Pillai was extradited from Hong Kong to India in 2016 in connection with three specific cases, all of which eventually ended in his acquittal, the prosecution neither arrested him in the present 2007 case nor sought his extradition for it despite his availability in Indian custody for several years.
Furthermore, the open-dated warrant against him was cancelled by a competent court, following which he was permitted by authorities to return to Hong Kong, Kavale argued.
Opposing the plea, Special Public Prosecutor (SPP) Gonsalves submitted that Pillai had previously absconded after several serious offences were registered against him, necessitating a Red Corner Notice in January 2012 before his eventual extradition.
The present offence has its roots in a long-standing rivalry, the prosecution claimed.
It contended that the 2007 murder of rival faction member Sunil Magde was orchestrated by Pillai and his associates to avenge the 1989 killing of Pillai's father by Lal Singh Chauhan and his aides.
Merely because the applicant was acquitted in three cases does not dilute the allegations in the present crime, the prosecution submitted.
The police described him as a "principal conspirator" and said his custodial interrogation is necessary to unearth the complete circumstances surrounding the crime.
The court, after considering the submissions made by both sides, concluded that Pillai has "failed to make out a case for grant of anticipatory bail".
It cited the seriousness of the accusations, the nature of the offence, the prosecution's allegations regarding the applicant's role, his residence outside India, and the investigating agency's stand that custodial interrogation is necessary.
