IMPORTANT POINT
The court established that prima facie evidence of police misconduct necessitates further investigation under the IPC and the Prevention of Corruption Act.

ORDER :

1. The petitioner is before this Court calling in question crime in Crime No. 454 of 2023 registered for offences punishable under Sections 409, 465, 201, 110 of the IPC and Section 7 of the Prevention of Corruption Act, 1988 (‘the Act’ for short) pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru City.

2. Facts, in brief, adumbrated are as follows:

The petitioner is a Government servant in the cadre of Police Inspector in the Home Department. The story would commence when the petitioner was posted as Police Inspector at Byatarayanapura Police Station. On 11-10-2021 while serving as Police Inspector in the said Police Station, a crime comes to be registered in Crime No. 247 of 2022 against one Santhosh Kumar for offences punishable under Sections 381 and 420 of the IPC. The petitioner was the Investigating Officer in the said case. During the course of investigation, in the said crime, a recovery of Rs. 72/- lakhs was made and was reported under PF Nos. 133/2022, 136/2022 and 141/2022. On 20-10-2022, it is the averment that, Crime No. 247 of 2022 was transferred to the Assistant Commissioner of Police, Kengeri gate Sub-Division. But again, the said crime was retransferred to the 2nd respondent/ Assistant Commissioner of Police, Byatarayanapura Sub-Division.

3. When things stood thus, the petitioner on 27-01-2023 was transferred out of Byatarayanapura Police Station and posted as Police Inspector, Anekal Police Station. On 27-02-2023, after the transfer of the petitioner, the learned Magistrate directed the 1st respondent Police to deliver the seized amount of Rs. 72/- lakhs to the custody of the officials of the Income-Tax Department. It is here the role of the petitioner surfaced. On 26-02-2023, the previous day of the said order, the petitioner carries a bag to Byatarayanapura Police Station which allegedly contained Rs. 72/- lakhs and placed the same in the Police Station. After the said money being kept in the Police Station, the officials of the Income- Tax Department visit Byatarayanapura Police Station and in the presence of the then Police Inspector and the panchas opened the bag and found Rs. 72/- lakhs consisting of various denominations of currency notes of Rs. 100/-, Rs. 200/-, Rs. 500/- and Rs. 2000/- which also consisted of two bundles which did bear State Bank of India Branch seal and covering.

4. Later, the Deputy Commissioner of Police (Administration), Bengaluru in terms of his order dated 17-06-2023 appoints Assistant Commissioner of Police, Chickpet Sub-Division to conduct a preliminary enquiry as to why the amount was carried into the Police Station. Preliminary enquiry was conducted, petitioner was questioned and the report of the inquiry goes in favour of the petitioner, as the allegations were held to be not proved. Long after the conduct of preliminary enquiry and report being submitted by the Assistant Commissioner of Police, a crime comes to be registered in Crime No. 454 of 2023 i.e., on 22-11-2023, by the 2nd respondent/Assistant Commissioner of Police, a different Assistant Commissioner of Police than the one who had conducted the preliminary enquiry earlier. It was for the afore-quoted offences. The allegation in the complaint was that the petitioner had kept with him entire Rs. 72/- lakhs notwithstanding PF being drawn on it and did not deposit it to the State Treasury inter alia. The moment crime is registered, the petitioner knocks at the doors of this Court in the subject petition. A coordinate Bench of this Court, on 24-11-2023, stayed further investigation against the petitioner. The said interim order of stay is operating even today.

5. Heard Sri P. Prasanna Kumar, learned counsel appearing for the petitioner and Sri B.A. Belliappa, learned State Public Prosecutor-I for the respondents.

6. The learned counsel appearing for the petitioner would vehemently contend that the crime is registered for offences punishable under Section 7 of the Act and Sections 409, 465, 20