PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is under Section 438, Cr. P.C. by the petitioner seeking for anticipatory bail.

(2.) The petitioner is arrayed as accused No. 12 on a complaint filed by the otherof the deceased by name Chamba Bai to the Superintendent of Police, Gulbarga alleging that her son was taken to custody by Veerabhadrappa, A.S.I. attached to Chowk Police Station, Gulbarga, at the instance of one B.N. Patil and he was detained in the lockup, and later shifted and entrusted to the custody of the present petitioner who was working at "Station Bazaar Police Station", Gulbarga. It is the case of the complainant that the deceased Kamalakar was illegally detained in both at Chowk Police Station and Bazaar Police Station from 16-5-1992 to 19-6-1992. During that period he was subjected to severe torture in the sense, brutally assaulting him. Ultimately, he breathed his last in police custody on 9-7-1992 at 3.30 p.m. at Station Bazaar Police Station, Gulbarga.

(3.) Among these accused, A-11 to A-14 are police officers. A-11 is the A.S.I., A-12 is the petitioner, A-13 and A-14 are police constables. Now the petitioner is under suspension.