M R CHANDRASEKHARAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this criminal petition, the petitioner M.R.Chandrasekharan has sought for quashing the investigation In Crime No.123 of 1977 of Cubbon Park Police Station, Bangalore, on the ground that the investigation directed against him as an accused on a complaint filed by him is mala fide and has resulted in gross abuse of the process of the Court and miscarriage of justice.

(2.) The material facts leading to the filing of this criminal petition may be stated as follows : The petitioner was the Agent of the Bank of India, Cantonment Branch, Bangalore, ever since it was started in Novr, 1972 till 7-3-1977. While he was working as the Agent in the said Branch, he was Hying with his wife and children in premises bearing No.43/25, Promenade Road, Bangalore-5. On 7-3-77 at about 11-15 p.m., in response to the buzzer sound at his residense, the petitioner opened the door of his house. His wife also followed him. As soon as he opened the door, one stranger entered the house with an open dagger pointing it at the petitioner and his wife threatening them not to raise shouts. In the meanwhile, two more persons stepped into the house, out of whom one had a revolver. All the three of them, having entered the house, closed the door and demanded the petitioner to give the keys of the Bank. The petitioner, with reluctance and -out of fear to himself, his wife and children, handed over the key-bunch of the Bank to the person who Was holding the dagger. Thereafter, those three persons asked the petitioner to proceed to the Bank threatening him that if he were to contact anyone or inform anybody till they came, they would murder his wife and children. The petitioner mortally afraid of what would happen to his wife and children proceeded to the branch at Museum Road, Bangalore, in his car and having parked his car outside on the road, entered the bank premises after opening the lock and raising the shutters. Within a few minutes there after, those three persons dame inside the bank and one of them opened the security safe. The petitioner told them that the security safe contained oniy documents. At this, one of them went to the cash safe and attempted to open it. The petitioner once again protested and attempted to interfere at which he was hit and violently pushed down as a result of which he fell down and became unconscious.

(3.) The next thing that the petitioner remembered was, the feeling of intense heat and being suffocated by smoke. He was gasping for breath when he heard cries outside and persons entered the bank's entrance and the petitioner was dragged out. The petitioner was removed to the adjacent hotel where he was tended for the burn injuries and the shock sustained by him. In the meanwhile, the police and the fire-brigade put-out the fire.