VINAY KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned High Court Government Pleader.

(2.) The case of the defacto complainant is that when he was in the bus stand in order to board the bus to go towards Salem, the accused came and abused him and on the said basis, the respondent police station registered a case in Cr.No.40/2016 for the offence punishable under Sections 324, 384 read with Section 34 of IPC and under Section 3(1)(x) of SC/ST (POA) Act. 1989 against the petitioner and his other colleague.

(3.) Learned Counsel for the petitioner would submit that the petitioner and his colleague were on beat duty and the defacto complainant was roaming around the bus stand in a suspicious manner. They called and enquired him about his presence in the late hours of the night as it was about 11.30 in the night. He further submits that during the process of questioning, the defacto complainant is said to have assaulted the petitioner and his fellow policemen and attempted to escape from the said place, but he was chased down and over powered and took him to the police station, registered a FIR and produced before the Court. The FIR was registered on the information provided by the petitioner himself. He further drew the attention of this Court to the timings of the two complaints and stated that the complaint filed by the police constable i.e., the petitioner herein was registered at about 12.15. a.m. on the intervening night of 12/13.03.2016 and the defacto complainant has lodged the complaint and the same is registered at about 13.30 p.m. on 13.03.2016.