B N GOPAL KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel, Sri.M.R.Nanjunda Gowda, for the petitioner and Sri.P.Karunakar, learned HCGP for the State in respect of the petition filed under Section 482 of Cr.P.C. seeking quashing of the proceedings against the petitioner in Crime No.161/2012 of Whitefield Police Station.

(2.) THE complaint against the petitioner and two others in short is that theft took place on 18.1.2011 in the house of one Nirmala Narayana Menon at around mid-night and three persons namely Dinesh Kumar, Rajesh Khadak and Kishan Bahaddur Singh were found inside the house and they had broken the almerah and took the gold and other articles and thereafterwards the Watchman by name Reddappa informed the Police Control Room about the incident. The petitioner herein along with two others, who are Police officials brought the above three persons to the Police Station and kept them there between 19.1.2011 to 25.1.2011 for about 7 days and did not register the case, though the complaint was lodged by Nirmala Narayana Menon. Later on, the petitioner and two others namely, Sadananda and Nagaraja are said to have made use of the accused persons for their own use and tried to create a false episode by alleging that the said accused persons attempted to commit robbery at some other place. The victim Nirmala Narayana Menon was given some of the jewels and not other ornaments. Therefore, the aforesaid complaint is lodged by the detective Inspector of the CID, Bangalore, that lead to the case being registered against the petitioner and two others in respect of the offences punishable under Sections 343, 348, 465, 467, 468, 471 read with Section 34 of IPC.