NOTE BASED ON COURT RECORDS REGARDING INCIDENT DURING TENURE OF RATHNAKAR SHETTY AT AMRUTHAHALLI POLICE STATION

 

Point-wise Note Showing Innocence of Rathnakar Shetty (Based on Court Record)

1. At the relevant time, Rathnakar Shetty was working as Police Inspector at Amruthahalli Police Station, Bengaluru City, and was performing his official duty as Investigating Officer.
2. During investigation of Crime No.112/2010, certain machineries suspected to be stolen properties were seized by him by following the procedure established under law.
3. The seized properties were produced before the jurisdictional court, Property Forms were submitted, and the court permitted the police to keep the seized articles in police station custody.
4. Therefore, the seized properties were under custody of law (custodia legis), and Rathnakar Shetty had no authority to release the properties without court order.
5. One accused person, against whom criminal cases were pending and non-bailable warrant was also pending, did not approach the jurisdictional court to challenge the seizure.
6. Instead, the accused approached Lokayuktha Police and made allegations that Rathnakar Shetty demanded illegal gratification and conspired to do illegal acts.
7. Court records show that the complaint before Lokayuktha Police was initially only an oral complaint, and before registering the case, the complainant was given a voice recorder to collect evidence.
8. The Court held that giving a voice recorder before registration of the case amounts to collecting evidence without lawful preliminary enquiry, and such action vitiates the entire investigation.
9. Court examined the records and found that the seized sewing machines were already part of PF No.73/2011 and 74/2011 in Crime No.112/2010, and the court itself had refused to release those properties.
10. Since the court had not permitted release of the properties, the allegation that Rathnakar Shetty demanded bribe for release of property was held to be legally impossible and factually incorrect.
11. Court also recorded that another police official named in the complaint was not working in Amruthahalli Police Station at the relevant time, therefore allegation of conspiracy was false.
12. The Court observed that the complainant, instead of following proper legal procedure, misused the system and filed complaint in a wrong forum.
13. After examining the entire material, the Court held that the complainant miserably failed to prove the allegations against Rathnakar Shetty.
14. The Court further observed that the seizure of property was done in discharge of official duty and under orders of the competent court, and therefore no criminal offence was made out.
15. The proceedings initiated against Rathnakar Shetty were found to be without proper foundation and based on incorrect facts.
16. The case clearly shows that a person facing criminal proceedings attempted to misuse legal machinery to escape from law and to implicate the Investigating Officer.
17. After judicial scrutiny, it was held that no illegal act was committed by Rathnakar Shetty, and the allegations against him were unsustainable in law.
18. Thus, the court record establishes that Rathnakar Shetty acted lawfully, within his official duty, and in accordance with court orders, and therefore he is innocent of the allegations made against him.

Truth prevailed after judicial scrutiny — Satyameva Jayate.

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