The High Court of Karnataka has declined to quash the criminal proceedings initiated against seven police personnel on the charges of illegal detention and torture of a youngster at Chickballapur police station 11 years ago.
The acts of the police to illegally detain a person, who did not have any criminal antecedent, in the police station for two days and subjecting him to physical torture cannot be termed as acts done in connection with discharge of public duty. It is nothing but a misuse of powers, the court said.
Justice H.P. Sandesh passed the order while dismissing the petitions filed by S. Shivakumar, a Deputy Superintendent of Police, Munireddy, police inspector, Balaji Singh, police head constable, Anand, constable, T. Venkatesh, constable, Muniyappa, a retired head constable, and Mohan, driver of the Armed Reserve Police. The petitioners were serving with the Chickballapur police in different capacities in 2010.
Though the initial departmental inquiry found that the police personnel had indulged in excess, a subsequent inquiry exonerated them.
The court stated that the acts of the petitioners were beyond the purview of official duties and hence no sanction was required for their prosecution.
Janardhan M., a resident of of Heggadahalli, Doddaballapur taluk, had lodged a complaint before jurisdictional magistrate in 2013 after he failed to get relief from the authorities on the matter of police excess.
It was alleged that the police asked the complainant to bring his son to the police station in connection with a chain-snatching case. Though the victim had not identified the youth in the matter, the police kept him in illegal custody and released him after two days. The youngster’s mother, who noticed physical injuries, took got treated at a hospital.
However, two days later, the complaint’s son attempted to end his life over the insult caused to him by the police’s illegal action. He survived following prolonged treatment.
