V SHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Before parting with this case, we wish to observe that torturing suspects with a view to extorting information from them, is a crude, barbarous and reprehensible method of investigating and detecting crime. Those who are entrusted with the duty of enforcing the law, must learn to obey the law. In Police investigation as in other matters, the end does not justify the means; the means are as important as the end". These observations made by a Division Bench of the Andhra Pradesh High Court as long back as 26-11-1963 in Public Prosecutor v. Shaik Ibrahim, 1964 (2) Cri LJ 636 are again more eloquently echoed 25 years later in the following observatios of the Supreme Court in the case of Kashmeri Devi v. Delhi Administration, AIR 1988 SC 1323,

(2.) If these words of caution and advise given by the Apex Court in State of Uttar Pradesh, AIR 1985 SC 416 : 1986 Cri LJ 836 has been duly taken note of and implemented by the Government, one Sub-Inspector of Police and five Police Constables of Karnataka Police Force concerned in these two Criminal Petitions would not have easily ventured to subject 21 year old youth by name Raja alias Narasimha Raja of Tumkur (hereinafter referred to as 'deceased Raja) to inhuman and barbaric treatment and physical torture to such an extent that Raja died in the morning of 12-7-1990 while in Police custody at Tilak Park Police Station in Tumkur (hereinafter referred to as 'the Police Station) from the morning of 8-7-90 as alleged by deceased Raja's uncle Kumbaiah in his complaint dated 16-7-90 submitted to the Superintendent of Police of Tumkur and on the basis of which Crime No.77/90 is registered at North Extension Police Station, (for short 'NEPS') Tumkur, against petitioners (A-1 to A-6) and one Habibulla Khan (A-7) who is a driver of Police tempo for offences u/S.342, 302 and 201, IPC of which investigation is now taken over by the COD. The said case has received wide publicity in the Press under the heading "Tumkur Police lock-up death case" and it has become a sensational case in Tumkur Town and surrounding area.

(3.) First petitioner V. Sekhar was the Police Sub-Inspector, second petitioner Bhadriah and third petitioner Prakash were the Police Constables in-charge of the Police Station during first and second week of July 1990. They are petitioners 1 to 3 respectively in Cr. P. 1074/90. First petitioner T. Narasimhiah, second petitioner G. Kumaraswamy, third petitioner Gopalachari in Cr. P.No.1075/90 were also Police Constables working at NEPS, Tumkur Town Police Station and the Police Station respectively during the said period. Immediately after registration of Crime No. 77/90 at NEPS Tumkur, petitioners 1 to 3 in Cr.P. 1074/90 filed a petition u/S.438, Cr. P.C. before the Sessions Judge, Tumkur in Cr. Misc. Case No.208/90 praying for the relief of anticipatory bail by contending that they were reasonably apprehending their arrest in connection with Crime No. 77/90 although they are innocent of the offences for which the said case is registered and is being investigated. Since the petitioners 1 to 3 in Cr. P.1075/90 were arrested by them, they filed a bail petition u/S.439, Cr. P.C. before the Sessions Judge, Tumkur, in Cr. Misc. Case No. 212/ 90. 7th accused Habibulla Khan who was also arrested by then, filed a separate bail petition u/S.439, Cr. P.C. before the same Judge in Cr. Misc. Case No.216/90. By a common order dated 30-7-90 passed on both the bail petitions, the learned Sessions Judge has rejected the petition for anticipatory bail filed by the petitioners in Cr. P. 1074/90 and also the petition for bail filed by the petitioners in Cr. P. 1075/90 as he was of the opinion that the petitioners who are the custodians of property and safety of the citizens have taken law into their own hands and had committed brutal acts in assaulting deceased Raja who was detained in the Police custody for the purpose of interrogation are not entitled to be released on bail either u/S.438, Cr. P.C. or 439, Cr. P.C. However, he has granted conditional bail to 7th accused Habibulla Khan as he was only a driver of the Police tempo in which the dead body of deceased Raja was carried and stealthily disposed of in order to screen the offence of murder committed by the other six accused.