NARASIMHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD arguments of the learned counsel for both sides.

(2.) BY this petition under Section 482, Cr. P. C. , the petitioner Narasimhaiah prays: ". . . . . . . . . . . . that this Hon'ble Court be pleased to call for records in PCR No. 461/1993 which has been presently numbered as CC No. 16457/1998 pending on the file of the learned 7th Additional Chief Metropolitan Magistrate, Bangalore City and further be pleased to reverse and set aside the order dt. 4-5-1998 passed in the case, taking cognizance of the offences punishable under Sections 193, 465, 323, 376, 109, 114, 201 read with Section 34 of the IPC on the basis of the final report submitted by the 1st respondent herein and further be pleased to quash the entire proceedings in the case in the ends of justice. "

(3.) CERTAIN undisputed facts leading to filing of this petition may be stated as under : petitioner is Accused No. 7 in the said C. C. No. 16457/1998 pending on the file of the Court below. The charge-sheet for the said offences was filed by the Investigating Officer-C. W. 75 S. S. Afsar, Police Inspector, H. and B. Squad, COD, Bangalore, (hereinafter referred to as 'the I. O. ') against petitioner and eight other police officials. Respondent No. 2 Smt. Soubhagya herein is the widow of one Nanjunda. She was living with her husband in a tenement in Nanjegowda Compound, situate behind Veera Siddeswara Talkies, Kamakshipalya, Bangalore-79. during the relevant period, the petitioner was attached to Mahalakshmi Layout Police Station, Bangalore as a Police Constable. In March 1993, R-2's husband Nanjunda was taken into custody by the police of Mahalakshmi Layout Police Station in Crime No. 43/1993 that was registered for the offences under Sections 457 and 380, I. P. C. against unknown persons. While in police custody, he died during the night between 22nd and 23rd of March, 1993. Then, on 23-3-1993, Crime No. 120/1993 against the deceased Nanjunda for the offence under Section 309, I. P. C. was suo motu registered by H. C. No. 227 Achutha Rao of the said Police Station and F. I. R. was despatched to the 7th Addl. Chief Metropolitan Magistrate, Bangalore. Inquest on the dead body of Nanjunda was held under Section 176 of Cri P. C. by the concerned Sub-Divisional Magistrate. Thereafter, the investigation in said Crime No. 120/1993 was taken over by the C. O. D. Police, Bangalore, treating the case as a case of custodial death, pursuant to the Government Order No. HD 4 COD 90, Bangalore, dated 24-1-1990 by which it was ordered that "all cases registered in respect of deaths in police custody should be investigated by the Corps of Detectives, as a matter of policy".