LAWS(SC)-2015-7-67

STATE OF KARNATAKA Vs. SATEESH

Decided On July 01, 2015
STATE OF KARNATAKA Appellant
V/S
Sateesh Respondents

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 22.01.2009 passed by the High Court of Karnataka at Bangalore allowing Criminal Appeal No. 1696/2005 preferred by the respondents herein and setting aside their conviction as recorded by the trial court and acquitting them of all the charges leveled against them.

(2.) On 06.09.2000, PW15 M.N. Somashekharaih, then working as ASI in Kota Police Station, reached the Police Station at 6.55 a.m. and was informed by Head Constable-37 that PW7 Jagadamba, daughter of Shivarudraiah of Mavukere village had informed on telephone that persons of Nayaka community had smashed her father with stones and were attacking the police personnel. PW15 instructed that an ambulance be sent to Mavukere village and left along with some police personnel for Mavukere. According to PW15 when he reached the spot at about 7.15 a.m. he saw Shivarudraiah having received serious injuries on his head, hand and legs and was writhing in pain and shouting "Ayo Ayo". He made arrangements to send said Shivarudraiah for medical attention to hospital at Tumkur. According to him, out of two constables, namely Jayaram and Rajanna, one had received injuries and PW15 made inquiries with them. His superior reached the spot at about 9.30 a.m. and therefore said PW15 left for the Police Station.

(3.) At about 10.00 a.m., PW1 Siddaramaiah came to the Police Station with a written complaint which was registered as First Information Report, on the basis of which Crime No.135 of 2000 came to be lodged. The relevant assertions in the written complaint were as under: