HC refuses to quash probe into ‘thriller’ case against policeman

Bengaluru: The high court has dismissed a petition filed by Shankar Naik GK, a police inspector currently posted in Bidadi station, seeking to quash investigation against him for alleged criminal breach of trust, forgery and bribery in connection with the money recovered in a theft case. Justice M Nagaprasanna observed that the complex facts in Naik’s case prima facie depict a crime thriller and require investigation.The case began when Naik was posted as inspector at Byatarayanapura police station. On October 11, 2021, a crime was registered against Santhosh Kumar for theft and cheating, and Naik was the investigating officer. During the investigation, Rs 72 lakh was recovered and reported. The crime was later transferred to a different assistant commissioner of police (ACP), and on January 27, 2023, Naik was transferred to Anekal station.On February 27, 2023, the magistrate directed Byatarayanapura police to deliver the seized amount to the custody of income-tax department. However, the previous day, Naik allegedly carried a bag containing Rs 72 lakh to Byatarayanapura station and placed it there. The I-T department officials later found the money in various denominations, including two bundles bearing a State Bank of India branch seal and covering.A preliminary inquiry conducted by the ACP, Chickpet sub-division, came to conclusion in Naik’s favour, but after another inquiry by a different ACP, a case was registered against him later on November 22, 2023 under Sections 409 (criminal breach of trust), 465 (forgery), 201 (destruction of evidence), 110 (abetment) of the IPC and Section 7 of the Prevention of Corruption Act-1988, alleging that Naik had kept the entire Rs 72 lakh with himself without depositing it with the state treasury.Naik argued that the offences alleged were not applicable to the case and that there was no criminal misconduct on his part. However, the state public prosecutor contended that Naik had not deposited the seized amount to the treasury despite reminders and had only kept it in the police station after about four months of seizure when he learnt that the I-T department was claiming the amount. He further claimed that the officer who conducted the first preliminary inquiry deliberately favoured Naik and a departmental inquiry was initiated against him as well.Justice Nagaprasanna pointed out that Naik had not handed over the charge of the post of inspector at Byatarayanapura station for nearly a month after his transfer and that the complainant in the case had alleged that Naik had demanded a bribe of Rs 20 lakh to release the seized amount. The judge noted that the second inquiry report had nailed Naik and that denominations of the seized notes had changed during the time the seized money was in Naik’s custody. “The matter will require investigation as the factors are glaring and clear insofar as ingredients of offences are concerned,” Justice Nagaprasanna said while dismissing Naik's petition.
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