NATARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader. The facts of the case are as follows:

(2.) THE petitioner was Accused No.2 in a case which arose in the following circumstances. It is stated that on 27.05.1999, the present petitioner and Accused No.1 who were the Head Constable and Constable, respectively, of the Chamarajapet Town Police Station, had been assigned the duty of bringing Accused Nos.3 and 4 who were under-trials, to be produced before the Principal Civil Judge and JMFC, Chamarajanagar, for enquiry, from the Mysore Central Jail. On their production before the Court, Accused Nos.3 and 4 were remanded to judicial custody till 10.06.1999. It was the case of the prosecution that instead of going to Mysore, Accused Nos.3 and 4 had instigated the Accused Nos.1 and 2 to take them to Yalandur, by bus, on the promise that they would secure money there, which would be paid to Accused Nos.1 and 2. On the way to Yalandur, Accused Nos.2 and 3 are said to have alighted at Santhemarenahalli and Accused No.1, along with Accused No.4, had gone to Yalandur. It transpires that Accused No.4 escaped from the custody of Accused No.1 and when Accused Nos.2 and 3 reached Yalandur from Santhemaranahalli, they were informed that Accused No.4 had escaped. At that point of time, it was alleged that Accused Nos.1 and 2 had told Accused No.3 to get the cash that was promised, and allowed him to go. The hand- cuffs and leading chains that they were carrying were thrown away and in this manner, Accused Nos.1 and 2 are said to have assisted Accused Nos.3 and 4 to escape from their custody. They had however, falsely informed the authorities that Accused 3 and 4 had escaped from their custody, while on the pretext that they wanted to attend nature's call, had pushed them and run away. In this background, the matter was investigated and the version of Accused Nos.1 and 2, was disbelieved and were charge-sheeted. The accused pleaded not guilty and claimed to be tried.

(3.) THE Court answered Points 1 and 2 in the affirmative and accordingly, convicted the Accused 1 to 4 for the offence punishable under Section 203 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC' for brevity), and sentenced them to undergo simple imprisonment for three months and imposed a fine of Rs.500/- each. Further, they were convicted for the offence punishable under Section 223 read with Section 34 of the IPC and sentenced to undergo simple imprinsonment for three months and to pay a fine of Rs.500/-. This was chellenged in appeal before the Appellate Court, which in turn, framed the following points for consideration: