C T MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed under article 226 of the Constitution of india, petitioner-dr. C. t. manjunath, a resident of chikmagalur town seeks payment of Rs. 25,00,000/- (rupees twenty-five lakhs only) towards compensation for alleged violation of his fundamental rights by respondent-police authorities by arresting him on 2-7-1995, and detaining him in the police and judicial custody till 24-8-1995 and thereafter, filing a charge-sheet before the jurisdictional magistrate, for offences punishable under sections 302, 202 and 404 of the Indian Penal Code. The other incidental relief sought in the petition is to direct the state government to frame guidelines for registering and investigating cases by the police authorities by incorporating safeguards in favour of the citizens and further laying down "principles of accountability" against police officers, who wantonly and deliberately abuse their police powers.

(2.) PETITIONER is a qualified medical practitioner, having his private clinic at chikmagalur town. He was the accused in a criminal case filed before the chief judicial magistrate, chikmagalur, by the respondent police officers. First respondent is the state government. Petitioner seeks only a formal relief against them. Second respondent was the additional director general of police of the corps of detectives ('cod' for short), which is the premier investigating agency of the state at the relevant point of time. The entire accusation in this petition seems to be against this respondent alone. The third respondent was inspector of police attached to cod and was the investigating officer, after the transfer and entrustment of the investigation of crime No. 38 of 1995 from local police to the cod by the state government by its order dated 5-4-1995. The fourth respondent was working as assistant commissioner of police attached to cod, who continued with the investigation of the crime, after third respondent was transferred from cod to Bangalore city police by the director general of police and inspector general of police by notification dated 12-6-1995.

(3.) IN support of the reliefs sought in the petition, petitioner states that his wife Smt. Aruna was done to death under mysterious circumstances by unknown persons on 7-3-1995 in their residence at chikmagalur town. Petitioner's nearest relative had lodged a complaint with basavanahalli police station, chikmagalur district, who registered the fir in crime No. 38 of 1995 against unknown persons under sections 302 and 392 of the Indian Penal Code. The local police commenced their investigation by conducting spot mahazars and by interrogating several witnesses. Since local police were tardy in apprehending the accused persons in the crime, the investigation of the matter was transferred and entrusted to cod by issuing an appropriate notification dated 5-4-1995 for further investigation of the crime. At that point of time, the second respondent was the additional director general of police and was the controlling authority of the cod, Bangalore.