VENKATA NAYAK Vs. V NARAYANA

JUDGEMENT

(1.) Crl. Petition 822/37 by the accused Nos.1 to 3 and Crl. Petition No. 828/87 by accused Nos. 5 and 6 are directed against the order dated 10-07-87 passed by the M.M. IV Court, Bangalore City in C.C. 1248/87 (P.C. R No.42/86) issuing process against the petitioners in both cases for the offences under Sub-section 341 and 324 read with Section 34 I.P.C.

(2.) The complainant-respondent No. 1 in the present case filed a private complaint on 19.12.86 alleging as under : On the high of 11/12.06.85, at 1 a.m. M/s. Chandrashekara, S/o. Munikullaiah, Vedamurthy, S/o. Anjanappa, Krishnamurthy, S/o. Mallaiah who are some among the members of the Sangha were taken from their house by the S.R. Nagar police, on the pretext of interrogation in a case. The complainant who came to know of it tried in vain for their release in the police station during the night. In the afternoon of 12.06.85, the complainant was told that the above said boys would be produced in the court by the police. The police did not produce them as promised. At 4.30 p.m. on 12.06.85 the arrested persons were brought before the court. Accused Nos.2 - Siriguppe, Accused No.5- Govinda, Accused No.6- Vasantha, Accused No-7- Shamanna, Accused No. 8- Viji and Accused No. 9- Lakshmanna questioned the complainant in the Magistrate court premises as to why he was following them. They got wild on coming to know that he was arranging for the bail of the members of the Sangha. They also told the complainant that but for his following them, the members of the Sangha would not have been produced before the court on 12.06.85, indicating that the complainant was coming in the way of police detaining the boys for a number of days illegally. As it was 4.45 p.m. by that time, the complainant could not engage a counsel and get the surety to'be offered for the release of the members of the Sangh. The boys were handed over to judicial custody. By them a number of person from S.R. Nagar which is hardly at a distance of 2 furlongs from the court building, assembled there. The accused person got infuriated and all of them dragged the complainant to the Ulsoor-Gate police station. The complainant was not allowed to say anything in the police station. The accused, who dragged the complainant into the police station, recovered the wearing apparei of the complainant except the underwear and pushed the complainant in the lock-up. The other police officers who were there were behaving as if they were unconcerned. After pushing the complainant into the lock-up all of them went to the chambers of the first accused and were giving an exaggerated and distorted version about the incidents. It was about 6 p.m. All the accused came near the lock-up. Of them A-7 Shamanna, A-8 Viji, and A-9 Lakshmana took the complainant out of the lock-up. A1- Venkatanaik, A2- Siriguppe had lathies, A4- Maridevu had rifle. A2, Al and A4 assaulted the complainant on his head, right and left shoulder. A3- Bheemaiah kicked on his back. 15 to A9 assaulted the complainant with their hands indiscriminately. The complainant,being unable to bear the pain, shouted for help which focused the attention of some persons who had gathered outside the police station. They entered the police station. Al- Mr. Venkatanaik threatened the complainant with dire consequences if he were to bring all that transpired, to the knowledge of the court or higher police officers. In a short while after the complainant was assaulted,they sensed that the persons who had gathered would make an issue out of the incident as some of them had told the accused that they would take proper action and left. Therefore, a false complaint was prepared to explain away the injuries sustained by the complainant at the hands of the accused in the police station. The complainant was produced before the Medical Officer, Victoria Hospital, Bangalore at 10.40 p.m. accompanied by P.C. 2998 of Ulsoor-Gate police station. The doctor noted the history of the incident as given by the complainant in preference to the version given by the accompanying police constable. On 13.06.85 the complainant was produced before the Metropolitan Magistrate, IV court, Bangalore City, When the court questioned the complainant about the ill-treatment in the police station, the complainant narrated the violence perpetrated against the complainant in the police station, the previous evening. The court was pleased to record the statement made by the complainant immediately after the protection from police custody. The court took the complainant to judicial custody with a direction to the Superintendent of the Central Jail, to produce the complainant before the Medical Officer of the Central Prison hospital for examination and treatment. The jail doctor made a mote of the injuries on the person of the complainant and treated him till he left the prison. On his release he gave a complaint to the ACP, Ulsoor gate Division requesting him to take action against the above said accused for the offences that they had committed and ACP took no action against the offenders in bringing them to the book. On 16.7.85, complainant gave a petition to the Chief Secretary, Government of Karnataka, Bangalore and Secretary, Home Department, Govt. of Karnataka, seeking permission to prosecute the said police officers. No action was taken by the Government. The complainant approached the Hon'ble High Court, in W.P. 12580/85, praying for a writ of mandamus to direct the Government of Karnataka to consider the prayer of the complainant made in the petition. It was disposed of with a direction to the Government to consider the application of the complainant within four days. The Government disposed of the complainant's petition within four days by rejecting it. The complainant preferred W.P. 3457/86 before High Court and it was dismissed. Against the said order W.A. 928/86 was filed and it was filed and it was also dismissed. The complainant filled S.L.P 2423/86 before the Supreme Court and that was also disposed of with a direction that if the police officers have assaulted the petitioner, no question of sanction to prosecute arises. Hence, the complaint has been filed on 19th December, 1986 after the Hon'ble Supreme Court disposed of the said petition.

(3.) The Magistrate, after recording the sworn statement of the complainant, issued the process against all these petitioner and others for the offence under Section 341 r/w Section 34 I.P.C.