K VENKATARAMANA REDDY Vs. A RADHA

JUDGEMENT

(1.) The petitioner is the complainant in C.C.No. 99/83 on the file of the 2nd Addl. Judicial Magistrate of First Class, Nellore. He filed this revision against an order of the Sessions Judge, Nellore, reversing the order of the 2nd Addl. Judicial Magistrate of First Class in C.C. 99/83.

(2.) The facts of the case in brief are : The petitioner complainant worked as a Sub-Inspector of Police at Kaluvoya of Nellore District. During that time, on 21-6-81, R-1 and R-2 the Sub-Inspector and Head-Constable of Nellore Town came to him in a jeep and took him to the Central Crime Police Station, Nellore, by making a false representation that he was wanted by the Addl. Superintendent of Police, Nellore. On finding that he was brought to the Central Crime Station instead of to the Addl. S.P., the petitioner questioned them as to why he was misrepresented. Thereupon R-1 and R-2 got enraged and abused him in vulgar language. When the petitioner requested them to behave in a decent manner, they beat him with their hands on the neck and back and dragged him out of the jeep and took him forcibly into the Crime Police Station. Inside the police station R-13 the Asst. Superintendent of Police and R-14 the Circle Inspector, Nellore, were present. The complainant was thrown before them. On seeing the petitioner R-13 and R-14 abused him and directed the complainant to remove his clothes. Accordingly the petitioner removed his clothes and requested them to inform the accusation, if any, against him. Then they informed him that he was concerned in a crime of the Town Police Station. Nellore, for offences u/Ss.354.and 447 IPC. This incident was witnessed by one Rameshwar Rao and another Yanadi Reddy. Thereafter at 9-30 p.m. the petitioner was taken to the I-Town Police-Station, Nellore, by R-1 and R-2. In that police-station R-13 and R-14 were present. They opened the lockup room and directed the petitioner to go in. The petitioner requested them to release him on bail on the ground that the offences were bailable and that he was ready to furnish necessary sureties. Thereupon R-13 and R-14 grew wild and abused him in vulgar language. Then A-14 (R-14) caught hold of the neck of the petitioner and A-13 slapped him on the back and both of them pushed him forcibly into the lock-up room. Thereafter A-13 and A-14 left the police station. At about 11-00 p.m., the petitioner was taken out of the lockup room by orders of R-3 and he was asked to sign in the Prisoner's Search Register. Then the complainant questioned as to why he was asked to sign at 11-00 p.m. whereas he was actually kept in the lock-up room at 9-30 p.m. However, the petitioner signed in the register with a comment that he was refused bail though he was entitled to since the offences were u/ Ss.354 and 447 IPC. On this R-3, R-4, R-6, R-7 and R-8, who were present there, got wild and beat the complainant with their hands indiscriminately and pushed him into the lock-up room. During that night he was in the lock-up room without food and water. Next day morning at about 8-00 a.m. he was taken out to answer calls of nature. After answering calls of nature he contacted his advocate at Nellore over telephone and informed him to contact his brother for purposes of getting sureties for his bail. While the petitioner was still on conversation with the advocate, R-3 and R-6 snatched away the phone depriving the petitioner from completing his talk. The petitioner asserted his right to contact his advocate. Thereupon, R-3 and R-6 called R-4, R-5 and R-8 to R-12 who were present in the police-station. Then R-3 to R-13 formed themselves into an unlawful assembly with the common object of assaulting the petitioner. R-6 to R-8 and R-10 were armed with lathies and they beat the complainant with the said lathies. A-3 to A-5, A-9, A-11 and A-12 gave fist-blows on the complainant and told him that he had no business to contact his advocate. Due to the blows the petitioner fell down. Then he was physically removed and put in the lock-up room. One Mahaboob Saheb, who was in the lock-up, witnessed the entire incident. One Duvvuri Chandrasekhara Reddy and another Doraswami Reddy requested for release of the petitioner on bail offering themselves to be sureties. But R-14 refused to release him without assigning any reasons. Thereafter at 3-00 p. m., the petitioner was produced before the Magistrate with a remand report. At the last minute of the remand, A-14 added another offence under S. 450 I.P.C.. to get over the legal hurdle in refusing bail to the petitioner for the offences originally noted under Ss.354 and 447 IPC, which are bailable. The petitioner also filed the arrest-card which discloses that he was arrested for offences under Ss.354 and 447 IPC. While releasing him on bail, the Court also observed that adding of the offence u/ S. 145 IPC is not at all attracted to the factual position of the case. The Court also recorded the statement of the petitioner regarding the injuries received by him as a result of the beating at the police-station while he was in wrongful confinement by refusing bail to him for offences which were bailable. After release on bail, the petitioner immediately presented himself before the Medical Officer, Government Hospital (Casualty) Nellore at 7-30 p.m., on 22-6-81 and the wound Certificate issued by the Doctor is filed along with the complaint.

(3.) Therefore, it is stated in the complaint, R-1 and R-2 are liable for offences u/Ss.342, 323 and 506 IPC and R-3 to R-12 u/Ss. 147, 324 and 345 IPC. Originally R-13 and R-14, were not shown as accused in the complaint, but later they were added. The complaint was taken on file by the First Class Magistrate.