GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petition in Criminal Petition No.200494/2019 is filed by accused No.2 viz., Gopal S/o Vithal Hallur and the petition in Criminal Petition No.200476/2019 is filed by accused Nos.12 and 13 viz., Chandrashekar S/o Laxman Jadhav and Sidharud @ Siddu S/o Revappa Roogi respectively under Section 439 of Cr.P.C., seeking regular bail in Crime No.171/2017 of Chadchan Police Station, for the alleged offences punishable under Sections 307, 333, 353, 504 and 506 of IPC, besides Sections 25 to 27 of Indian Arms Act.

(2.) Factual matrix of the petitions are as under: It is transpired in the complaint that after getting credible information that one Dharmaraj Chadachan has in possession of country made pistol i.e., fire arms and he has been making use of those fire arms for the purpose of committing the crimes, the police team went to his village on 30.10.2017 in the morning hours and conducted a raid. At that point of time, the said Dharmaraj Chadachan was attempted to do away with the life of the Sub-Inspector of Police of Chadachan Police Station, who was heading the raiding team, by firing at him with a country made pistol, causing serious injury. The said Dharmaraj Chadachan opened fire at an informant, who was a member of the raiding team. At that time, not only to save his life, but also to save the lives of the other members of the raiding team, the P.S.I. opened fire at Dharmaraj Chadachan. Due to which, the said Dharmaraj Chadachan was hit by a bullet and sustained an injury. Immediately, he has been shifted in an Ambulance to the Government Hospital at Chadachan for treatment of the bullet injury sustained by him. Thereafter, for better treatment, he has been shifted to B.L.D.E. Hospital at Vijayapura, where he was declared as brought dead. Subsequently, a complaint came to be filed by one Anil Doddamani, a police Constable attached to Chadachan Police Station, who is also a member of the raiding team. Based upon the said complaint, a case was registered in Crime No.171/2017 for the offences punishable under Sections 307, 333, 353, 504 and 506 of IPC, besides Sections 25 to 27 of the Indian Arms Act against the said Dharmaraj Chadachan. Subsequent to registration of the crime, the Investigation of the case was taken up by the Deputy Superintendent of Police, Vijayapura. During the course of investigation, the Investigating Officer has recorded the statements of not only certain private persons, who are said to be the witnesses to what all that had transpired on the morning of 30.10.2017, but also the members of the raiding team, most of whom were police personnel, apart from the informants who had gone along with them. While the investigation is in progress, in pursuance of the directions issued by the District Magistrate, Vijayapura, the Assistant Commissioner/Sub-Divisional Executive Magistrate, Indi conducted an enquiry in relation to the death of Dharmaraj Chadachan, said to be the rowdy element in the shootout incident. During the course of the enquiry, the Assistant Commissioner/Sub- Divisional Executive Magistrate, Indi, has not only recorded the statements of several witnesses including the statements of 19 police personnel who were aware of the things and whose names had figured in the police investigation as the one who would throw light into the matter, but collected and examined certain vital and important documents and thereafter submitted a report to the District Magistrate, Vijayapura on 31.01.2018. In the report, the Assistant Commissioner/ Sub-Divisional Executive Magistrate, Indi, has stated that there was absolutely no motive whatsoever for the P.S.I to have shot at the deceased and that the P.S.I. shot at the deceased as a self defence to protect his life and also to protect the lives of the members of the raiding team.

(3.) Heard the learned senior counsel Sri Ravi B. Naik for the petitioners as well as the learned Additional State Public Prosecutor for the respondent-State and Sri Sanganabasava B. Patil, Advocate, who is permitted to assist the prosecution in both the cases.