Thaniyappa Purusha, Son of Late Annappa Purusha v. State of Karnataka, Represented by its Secretary, Home Department
2016-08-08
ANAND BYRAREDDY
body2016
DigiLaw.ai
ORDER : The present petition is rendered almost academic since the petitioner is not interested in claiming any damages in respect of the illegality complained of. In that, the petitioner was accused of having committed rape. And though the petitioner had obtained bail, without cancellation of the bail, he was again taken into custody and was detained for 15 days before he obtained bail once again. It is this act on the part of the prosecution which is sought to be questioned. 2. It would certainly amount to an illegality in the petitioner being arrested for the second time for the same offence, without the cancellation of bail. The petitioner’s insistence on this petition being adjudicated is only to ensure that the authorities do not repeat such acts in respect of the petitioner as well as any other citizen. It is certainly a serious matter. It is placed on record that the petitioner was illegally arrested and it would amount to illegal detention. However, at the instance of the petitioner himself on his declaration that he shall not be entitled to any compensation on this count. The petition is disposed of.