High Court Karnataka High Court

Sri Aruna Poojary vs The State Of Karnataka Re Pby Its … on 10 July, 2009

Karnataka High Court
Sri Aruna Poojary vs The State Of Karnataka Re Pby Its … on 10 July, 2009
Author: Manjula Chellur
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED: THIS THE 10TH DAY OF JULY, 2009 

BEFORE

THE HON' BLE MRS. JUSTICE MANJULA__oi£ELLUfg D' D

CRIMINAL PETITION Ne;i.'ADé2'3e12oo-as --  v

' BETWEEN

Sri. Aruna Poojary

S/o Sesu Poojary

Age 28 years

R/a Kalkui

Aiike House _a  ;

Sangabettu Village   '

Bantwa1Ta1uk,:'   D  _   

Bikamakatte  1 .    it  

D. K. District  '      PETITIONER

[By srig, K; M.' Natargj,.A'::::;§c.§te)
AND it it it

The of Kafnataka

'D it  - ReVprese'ntet:¥._by its State
__ » Puh_1ic._Prosecutor
"  High CvoL1rt'vofi.Eg;_.rnataka

i3a'n.ga1o1~é;_~--__   RESPONDENT

V . {Bfsn Rfs. Bhat, HCGP)

This Criminal Petition is filed under Section 482
__ Cr.P.C. by the Advocate for the petitioners praying that this
VW’Hon’b1e Court may be pleased to quash the order dated

29.3.2006 passed by the 11 Addl. District and Sessions

Judge, D.K.,’l\/iangalore in Crl.R.P. No.10/2006 and all

further proceedings pursuant thereto.

This Petition coming on for Admission V.

Court made the following:

Heard the learned Counse1z7for~–_the lnetitionerv

perused the impugned order chhallengeffinffrirriinat
Revision Petition No. 10/2006-“da.t_ed’ on the file
of the H Additional District’and.i?3essiens:LJudge, Dakshina

Kannada, Mangaloiie.

”” 182.’;/2oos_””o”n” the file of the Bantwal
Rural v”PoliCeV registered for the offences

punishableiinderg 341, 302 r/w 34 IPC., alleging

that’itheoigaccuseddare—–ii1vo1ved in the murder of Panchayath

President untoward incident that occurred at the

Jathra. incident was between the deceased and other

peoole. that xdllage and so also the other Village.

3′ “V.:ijV»t!lccording to the investigating agency, they filed an

application before the learned Magistrate ie, the

V Wéornmittal Court seeking direction to accused Nos. 1 to 3 to

have Narco Analysis Test by the expert at Forensic Science

Laboratory {FSL] at Bangalore. This was opposed by the

accused persons and the learned Magistrate rejected”–.the

said application, which was challenged before..__thle_’efirst

Revisional Court and the learned Sessionspdudigeijallottredl K it

Criminal Revision Petition No..’h1mO/2006

handing over or directing the acclusedyfito

Analysis test is not handing ovento police it C

3. Aggrieved by the sai.dllord:e;r of~the Sessions Court,
the present petition is tiled’ settingaside the orders

of the revisiona’lCourt.¥_ On eariier’ occasion when there was

disputelwlithl accused Nos. 1 to 3 to
the police .euotoo§j_eebe’ts,z§{ee.o,..16.11.2005 till 18.11.2005 to

undergo poiygrapiitest at”CClBangalore, there was controversy

the parties—-«and the matter reached up to High

pl orders of the learned Magistrate to hand over

‘eeo’oeeo’ I to 3 to the police custody came to be

oooengeo in Criminal Revision Petition No. 305/2005 and

A X1′ ‘revision petition was dismissed confirming the order of

the ‘learned Magistrate. The same came to be challenged in

Criminal Petition No. 4686/2005 before this Court.

4. The learned Single Judge of this Court while

disposing of Criminal Petition No. 4686/2005, directed to

strictly adhere to the provisions of Section
placing reliance on the judgments of the it
holding that, the police cannot
months of their arrest and therefore’,

violation of mandate of pro\}1s_i:ori.,s of l’

According to the learned..Single*Judge,*-the period
allowable under Section’l’1t;i7 custody was
over and therefore,there”caijnot«..heV_litirtherllpolice custody
of the accuj:sed”..,_ direction to him
and other -A Narco Analysis Test is
nothingllbuit police custody and therefore,

theprders of thelllirst Revisional Court deserves to be set

aside. ‘T?here«,..e_Lre three accused persons in the present case,

The third~«.,acc.usved is on bail and other two accused are in

juoi..cial,_v’custody. Even for practical purpose though the

pl third ‘accused person is on bail, still he has to be held as a
it in judicial custody till the criminal case against him

completed and disposed of and he will be expected to

follow the directions of the Court.

5. So far as accused Nos. 1 and 2 are concerned,

they are in judicial custody and the investigating

of the opinion that, if the accused persons ”
undergo Narco Anaiysis Test, it
commission of murder of political

would give some information for compietingi the

investigation. Apparently beca:use”‘–.of faeie case
against the accused aiso arrayed as
accused in thecase. 1 and 2,
who are in the expert to
undergo_the’~.N:artf;o__ directing the accused.
who on “before the FSL at Bangalore for
Narco will not amount to handing

oveffidttrfim to’M.pV_o1Vice custody. The persons in judicial

it cl. be directly produced before the expert on the

A expert for such test by the jail authorities.

This has nothing to do with the police taking to their

custody and producing them before the expert. The person
it on-bail has to appear before the concerned expert for such

” ….test as directed by the Magistrate. Therefore viewed from

any angle, one cannot say that the directions issued by the

First Revisional Court allowing the appiication o*F–__the

investigating agency amounts to police custody. it ”

Accordingly, the petition is dismissed, .. V

Nsu/ —