KULDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) "When the State or its agents fear the people there is LIBERTY; when the people fear the State or its agents, there is TYRANNY".

(2.) The facts adumbrated are as follows:

(3.) It transpires that the Police closed the complaint against K. Vasantha Gowda holding it to be a land dispute on 2/12/2022, on the same day. Immediately after closure of the said complaint, Mrs. Bhavani registers a complaint against the petitioner at 8.15 p.m. on 2/12/2022. The crime is registered against the petitioner on the complaint made by Mrs. Bhavani for offences punishable under Ss. 447 and 379 of the IPC. Therefore, Mrs. Bhavani is the complainant. Even before the FIR could be registered on her complaint, it is alleged that on 2/12/2022 the 4th respondent/SubInspector of Police enters the house of the petitioner at 8.00 p.m. and in spite of resistance of the mother of the petitioner, the Police caught hold of the neck of the petitioner, drag him, boot him and take him to the Police Station and later register a FIR against the petitioner at 8.15 p.m., on the complaint of Mrs. Bhavani, W/o.K. Vasantha Gowda. The incident narrated in the complaint is that the petitioner has attempted to take away the gate that Mrs. Bhavani wanted to erect. Therefore, the offences under Ss. 447 and 379 of the IPC were laid against the petitioner in Crime No.94 of 2022. It is the allegation that petitioner's personal liberty was taken away completely contrary to law.