Public servants are protected under Section 197 of the Criminal Procedure Code when acting within the scope of their official duties, and prosecution requires prior sanction if no malicious intent is proven.

ORAL ORDER

Petitioners being accused Nos.1 to 9 are before this Court seeking to quash the criminal proceedings initiated against them in PCR.No.15334/2021 which is now pending in C.C.No.24006/2022 on the file of the learned VIII Addl.Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 166 , 167, 168, 177, 204, 323, 324, 330, 504, 506 of I.P.C and Section 30 of the ARMS ACT , 1959.

2. Brief facts of the case are that, respondent No.1 as complainant filed PCR No.15334/2021 against the accused alleging commission of the offences as stated above. The allegations made by the complainant/respondent No.1 is that on 15.03.2021, at 6.30 p.m when he along with his friend Ashok Raj was passing near Adishwar Showroom, within Chandra Layout police station limits, three unknown persons came on a scooter with triple riding violating the traffic rules. Accused Nos.4 and 5 being the police constables tried to stop the scooter, but they tried to escape. At that time, accused No.4 assaulted the above persons and caused injuries. Inspite of that, riders managed to escape, but in their attempt to escape they fell down and sustained injuries. One of the persons suffered fracture of left leg. The complainant questioned the act of accused No.4 as to why he has assaulted the riders. Many public gathered at the spot. Immediately accused Nos.4 and 5 managed to get some more police personnel and 6-8 police constables came to the spot.

3. Accused No.5 started assaulting the general public and accused Nos.4 and 5 have dragged the complainant and one Ashok Raj by handcuffing them and taken them to the police station. The complainant recorded the entire episode on his mobile and taken photographs. It is stated that accused No.1 being the police inspector under the guise of enquiry, assaulted the complainant, man handled him by kicking all over his body with bootleg. He was made to sit on the floor only with undergarment.

4. Accused No.1 directed his subordinate - accused No.2 to teach the complainant a lesson. Accordingly, accused No.2 assaulted the complainant and his friend with lathis, bootlegs, fist and caused brutal injuries. Accused Nos.3 to 5 abused the complainant in filthy language and kicked on their back, legs, shoulders, stomach. When the complainant was unable to bear the pain, he started screaming for help. Accused No.2 pointed the complainant's head with a revolver as per the instructions of accused No.1 and threatened to kill him, thereby, intimidated to cause his death. Later, the complainant came to know that the revolver was empty and had no bullets in it. Accused No.2 fisted the complainant on his head, back and stomach, etc.

5. The accused have registered a false complaint on 15.03.2021 against the complainant and his friend and later produced them before the learned Magistrate. Within few days, a rowdy sheet was opened against the complainant without any reasons. When the complainant was remanded to custody as per the order of learned Magistrate and taken him to the Central Prison, Bengaluru, the complainant was subjected to medical examination by the Medical Officer and as per the medical report, he had sustained several injuries all over his body. Therefore, it is the contention of the complainant that the accused being the police officers crossed their limits and committed atrocities by assaulting the complainant and thereby committed the offences. Accordin