GEETHA KULKARNI Vs. STATE

JUDGEMENT

(1.) These three petitions are filed under section 482 of Cr.P.C., seeking to set aside the order dated 18.11.2016 passed by the I Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.867/2015. By the impugned order, the learned Magistrate has taken cognizance of the offences punishable under sections 393, 392, 201, 323, 326, 397, 114, 119 r/w. 149 Indian Penal Code and has issued summons to the petitioners herein impleading them as accused Nos.7, 8 and 6 respectively.

(2.) The outline facts leading to the present petitions are as follows :-

(3.) It is stated that as an off shoot of the altercation, the police launched a case against the complainant/respondent No.3 for the alleged offence punishable under section 353 of Indian Penal Code. According to the complainant, after the incident at about 12.40 a.m., on 28.9.2008, he was taken to Viveknagar Police Station where he was again assaulted by the police. He was made to sit on the floor in the cell of the Police Station. At about 12.00 noon, he was produced before the Magistrate and was released on bail. Before taking to the Magistrate's house, the police instructed the complainant/respondent No.3 to inform the family members to get a set of clothes as the shirt he was wearing was completely soaked with blood due to assault and then he was taken to Bowring Hospital for treatment of the injuries. His friend Mr.Vijay arranged for an Advocate and on production before the Magistrate, the complainant was released on bail. Since he had suffered heavy injuries on his face, he consulted a Doctor and it was found out that he had suffered a fracture in his nasal bone and was advised surgery. On 6.10.2008 he underwent surgery at HOSMAT hospital. The complainant requested for return of his mobile phone and the gold chain. The police returned only his clothes dry cleaned.