PRADEEP Vs. STATE OF KARNATAKA THROUGH ADDL. CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS, COMMISSIONER OF POLICE AND CENTRAL CRIME BRANCH REPRESENTED BY ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the second respondent to make a copy of the Closed Circuit Television (CCTV) footage recorded in the office of the City Crime Branch, Bashyam Circle, Bangalore, at the intervening time between 24.10.2013 at 6.00 p.m. and 25.10.2013 at 11.00 p.m. and to keep the original of the record with the Hon'ble VI Additional Chief Metropolitan Magistrate, Bangalore. The case of the petitioner is that in respect of certain incidents said to have been taken place on the night of 24.0.2013 and 25.10.2013, the criminal proceedings is being initiated. Allegation is made that the Respondent No. 3 is expecting certain illegal gratifications, in that regard the Respondent -Police are also harassing Mr. Rohith by trying to extort him. It is in that regard as the petitioner would be entitled to put forth an appropriate defence, the petitioner is seeking for preservation of the CCTV footage recorded in the City Crime Branch, Bashyam Circle, as the petitioner alleges that the petitioner and the others are being implicated in the offence registered in FIR No. 309/2013.

(2.) LEARNED counsel for the petitioner would also rely on the decision of the Hon'ble Supreme Court in the case of Babubhai Jamnadas Patel Vs. State of Gujarat and Others, (2010) CriLJ 2249 .