BANGALORE: The High Court on Monday came down heavily upon Mangalore (Rural) police for poor investigation and filing defective chargesheet against reformed underworld don Muthappa Rai in an Arms Act case.
While dismissing the state appeal against Rai, Rakesh Malli, William Cikvera Priya and Godwin Chentan, Justice Jawid Rahim expressed displeasure over the Mangalore (Rural) police for their shoddy probe.
“Had the police put an honest effort, the prosecution would have had the case in its hand," the court said.
Police have simply slapped the Arms Act against the accused for possessing a pistol and charged him under section 123(B) of IPC (criminal conspiracy).
But they had a chance to frame him under section 307 of IPC and other related sections, but they failed to do so, it observed.
THE CASE:
On Feb 2, 1995, the Mangalore (Rural) police had raided the house of Rakesh Malli at Kottara Chowki near Mangalore. During the raids, Malli was arrested, while Rai, William and Godwin escaped. The case was transferred to Bangalore magistrate court. On March 7, 2003, the court acquitted all the four accused in the case.
The state went in appeal against the order. Advocate Bipin Hegde argued for Muthappa Rai.
According to the prosecution, all the accused had assembled at Malli’s house and hatched a conspiracy to kill Yekkur Baba and Yadu, noted rowdies in Mangalore.
Off the hook
Reformed underworld don Muthappa Rai heaved a sigh of relief, after he was acquitted in all the seven cases filed against him by Bangalore and Mangalore police. Rai was in the most-wanted list of the police and was accused in several cases. He first came to limelight in the Seena murder case (1997) in Bangalore.
Builder Subbaraju murder case was one of the most sensational cases in 2000, that he was involved in. In both these cases, Rai was the prime accused. In these cases, the HC acquitted Rai in 2008. Other small cases had been tried in the lower court against him and in all of them, he was acquitted. According to his advocate Bipin Hegde, there are no more cases pending against Rai.