Karnataka HC cancels bail to constable for suppressing facts

Bengaluru: The Karnataka High Court has ordered cancellation of bail granted to a police constable for suppressing material facts before the trial court.

Justice HP Sandesh also imposed a cost of Rs 1 lakh on Fakirappa Hatti, police constable working in Bengaluru city, and directed the Deputy Commissioner of Police to take him into custody for trial.

Hatti was deputed to the Mahadevapura police station when the victim got in touch with him in a case related to vacating a premises. As the jurisdictional DCP and the city police commissioner failed to act on her complaint against Hatti concerning assault, rape, and breaking his promise to marry her, she filed a private complaint with the court.   

On April 4, 2022, Hatti was given anticipatory bail, which the high court cancelled on July 1 the same year. Hatti suppressed the quashing of the anticipatory bail and filed a petition on July 7, 2022, before the high court with a prayer to quash the proceedings, following which an interim order was passed on July 25, 2022, to stay the investigation.

When the suppression of fact was brought before it, the high court on March 15, 2023, cancelled the interim order. Hatti then surrendered before the trial court.

The woman moved the high court, alleging that on June 30, 2023, Hatti was granted regular bail. She accused him of suppressing facts before the trial court in the bail application. Being a police constable, Hatti misused his powers and forced her to consume abortion tablets by tying her with ropes, the woman said.

Justice Sandesh observed that both Hatti and the prosecution had engaged in suppression of facts.

Quoting the Supreme Court’s verdict in the Chandra Shashi Varma vs Anil Kumar Verma case, Justice Sandesh said those who pollute the judicial firmament must be dealt with diligently to preserve the sublimity of the court's environment to enable it to administer justice fairly and to the satisfaction of all concerned.

The court has directed the Registrar General to file a complaint by himself or authorise a person to file a complaint with the Vidhana Soudha police station against Hatti to investigate the matter with regard to the fraud he had played on the high court as well as on the trial court to get a stay on the investigation as well as bail order.

A direction has been issued to the Director of Prosecution, requiring him to instruct the public prosecutors that they are duty bound to supply necessary information to the court concerned regarding pendency or decision of an earlier bail application as well as the order passed under CrPC Section 482 before exercising the discretion to avoid polluting the stream of justice by unscrupulous litigants.