The High Court of Karnataka ordered registration of a First Information Report (FIR) against a police constable, who is facing rape allegation, for fraudulently securing bail from the trial court by suppressing the orders passed by the High Court.
Also, the court imposed a cost of ₹1 lakh on the accused constable, Fakirappa Hatti, for “polluting the stream of justice” by his conduct of securing orders from the courts while also noticing that he had, on an earlier occasion, secured an interim order from the High Court by suppressing earlier orders.
While cancelling the bail granted to him by the trial court, the High Court directed the jurisdictional Deputy Commissioner of police to take the accused constable into custody and produce him before the trial court.
Justice H.P. Sandesh passed the order while allowing a petition filed by the 27-year-old victim woman. She had brought to the notice of the High Court the conduct of the accused in securing the bail by suppressing the orders passed against him by the High Court last year.
The High Court also directed the Director of Department of Prosecution to instruct the public prosecutors that they are duty bound to supply necessary information to the trial courts concerned on orders passed by the High Court in particular criminal cases to prevent unscrupulous litigants from misusing the courts by suppressing the necessary information.
The complaint against the accused constable was registered on a direction issued by a metropolitan magistrate court based on a private complaint lodged by the victim woman as Mahadevapura police station, where the constable was serving, did not accept her complaint. The victim had alleged that the constable had sexually exploited her when she had contacted him for resolution of a property dispute and cheated her by going back on his promise of marrying her.
