Karnataka High Court
Raghuvaran vs The State Of Karnataka on 18 July, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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WA No.1012 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.1012 OF 2021 (GM-POLICE)
BETWEEN:
1. RAGHUVARAN
S/O SHANTHA KUMAR
AGED ABOUT 31 YEARS
R/AT E-210, SAMPIGE ROAD
LAGGERE, BENGALURU 560 058
...APPELLANT
Digitally (BY SRI. DHANANJAYA C.P. ADV.,)
signed by
RUPA V AND:
Location:
High Court 1. THE STATE OF KARNATAKA
of Karnataka BY IS SECRETARY HOME DEPARTMENT
VIDHANA SOUDHA, BANGALORE 560 001.
2. THE COMMISSIONER OF POLICE
NO.1 INFANTRY ROAD
BANGALORE 560 001.
3. VENKATARAMANAPPA S.I.
MAHALAKSHMIPURAM POLICE STATION
BANGALORE-560086.
4. SHIVAJOGANNAVAR P.S.I.
NANDINI LAYOUT POLICE STATION
BANGALORE-560096.
5. RAMESH
POLICE CONSTABLE, RAJAGOPAL NAGAR P.S.
BANGALORE-560058.
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WA No.1012 of 2021
6. SHIVASWAMY
POLICE CONSTABLE, RAJAGOPAL NAGAR P.S.
BANGALORE-560058.
7. MR. LOHIT
POLICE INSPECTOR NANDINI LAYOUT POLICE
STATION, BENGALURU-560096.
8. SRI. SIDDRAMANNA
POLICE CONSTABLE NO.7616
NANDINI LAYOUT POLICE STATION
BENGALURU-560096.
9. MR. NAGESH
HEAD CONSTABLE, JEEP DRIVER
NANDINI LAYOUT POLICE STATION
BENGALURU-560096.
10. MR. GOLAD
POLICE INSPECTOR
RAJAGOPALA NAGAR POLICE STATION
BENGALURU-560058.
11. MR. BAGALGUNTE
POLICE INSPECTOR
SOLEDEVANAHALLI POLICE STATION
BANGALORE-560090.
12. OFFICE OF THE HEAD OF BRANCH
CENTRAL BUREAU OF INVESTIGATION
AND ANTI CORRUPTION BUREAU OF INVESTIGATION
AND ANTI CORRUPTION BUREAU
BY ITS SUPERINTENDENT
NO.36, BELLARY ROAD, GANGA NAGAR
BANGALORE-560032.
13. CENTRAL BUREAU OF INVESTIGATION
BY ITS DIRECTOR GENERAL
PLOT NO.5-B, 6TH FLOOR, C G O COMPLEX
LODHI ROAD, JAWARHARLAL NEHRU
STADIUM MARG, NEW DELHI-110003.
...RESPONDENTS
(BY SRI. LAXMI NARAYAN, AGA)
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WA No.1012 of 2021
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO CALL FOR THE RECORDS IN
WP No.6666/2020 PERUSE THE SAME AND SET ASIDE THE
IMPUGNED ORDER DATED 19.07.2021 AND PASS ORDERS AS
PRAYED IN WP No.6666/2020 BY ALLOWING THE SAID APPEAL.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal arises from order dated
19.07.2021 passed by the learned Single Judge by
which the writ petition preferred by the appellant has
been dismissed.
2. The appellant had filed a writ petition seeking
the following reliefs:
a) Directing respondent nos.1 & 2 to hand
over all the case papers regarding the
wrongful death/fake encounter of Slum Bala
to Respondent No.12 and 13.
b) Directing respondent nos.1 & 2 to
conduct departmental inquiry against
respondent nos.3 to 11.
c) Directing respondent nos.1 & 2 to
secure the CCTV footage and movements of
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WA No.1012 of 2021
the following vehicles from 12.30 am to
27/2/2020 uptill 7.00 am of 27/2/2020.
(1) Innova car bearing registration number
KA-41-M-7650.
(2) White Tata Sumo Car without number.
(3) Silver color Zen car without number.
(4) Govt. Jeep KA-02-G-1153.
(5) Govt. Jeep KA-02-G-1551, and submit
the same before this Hon'ble Court.
d) Direct Respondent nos.1 & 2 to collect
the call records of respondent nos.3 to 11 of
their official and private mobile numbers
from 21/2/2020 till 27/2/2020, and submit
the same before this Hon'ble Court.
3. The learned Single Judge, while dismissing the
writ petition by an order dated 19.07.2021, has held as
under:
"9. That apart, on merits, it is seen that total
reliance is placed on the statements made in the
complaint lodged against the accused, by an
officer of the Sub Inspector cadre. Deceased is a
notorious rowdy sheeter, who was absconding
and who had been residing somewhere in far
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away Uttar Pradesh and that arriving on the out
skirts of Bengaluru City the police party was
attacked and the deceased, who was
handcuffed was taken away by the attackers
and later on, when one of the vehicles, in which
the personnel found the deceased, was
intercepted, it is alleged that he got down and
shot against two officers, resulting in one of the
officers sustaining injuries, despite him wearing
a bulletproof vest and was admitted to hospital.
The attack on the police party, to enable the
escape of the prisoner is not denied. No new
facts or particulars or details are provided by
the petitioner. It is alleged that the petitioner is
an associate of the deceased gangster. That the
petitioner is accused of murdering the
complainant on whose complaint the deceased
was arrested and was being brought to
Bengaluru. The assault by the deceased
gangster using fire-arms against one of police
officers and subsequent hospitalization are not
denied."
4. Learned counsel for the appellant was unable to
point out from the record that the aforesaid findings
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recorded by the learned Single Judge are in any way
factually incorrect. From perusal of paragraph 11
(wrongly typed as paragraph 17), we find that the
appellant has been granted liberty to approach this
Court or the Authority, if any fresh or new material
becomes available to the appellant.
5. After hearing the learned counsel for the
appellant at length, we do not find any ground to
interfere with the order passed by the learned Single
Judge.
6. In the result, the appeal fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
