A ‘missing crime’: Karnataka High Court clears Bengaluru man in 30-year-old case with no records

The ordeal for Kamath, who has been living in Bengaluru for over 40 years, began last year when he sought to renew his passport held for 45 years. The passport office issued an acknowledgement of approval. In the interim, the Cubbon Park police, during its background verification, informed that Kamath’s name is indicated as an accused in Crime No.755/1996, before the Halasruru police station. It was said that the police investigated the case, filed a chargesheet, and the case was pending before the 10th Additional Chief Judicial Magistrate, Mayohall, Bengaluru.

Kamath then tried to gather information about the crime from the police. He visited the police station a few times, only to be informed that they do not have any records on the aforesaid crime or the chargesheet filed against him.

Kamath allegedly did not get any information when he filed an application under the Right to Information Act. Following this, he accessed the police IT database and learnt that there was no indication of such a crime or the records of such a chargesheet.

Going through the averments and records, Justice Nagaprasanna said, “Permitting to conduct trial in the proceedings in C.C.No.22796/1996, pending before the 10th Additional Chief Judicial Magistrate, Mayohall, Bengaluru (arising out of Crime No.755/1996 of Halasuru Police Station), would undoubtedly become an abuse of the process of the law and weapon of harassment for the simple reason that the records of crime or the charge sheet is untraceable today, as it is 30 years old.”

The order added, “If the police have failed in their statutory duty to maintain and furnish the records, the petitioner cannot now be asked to bear the sword of the crime hanging on his head.”

Allowing the petition, the bench said, “I deem it appropriate to obliterate the crime so registered against the petitioner.”