Attack on Indian cricketer Jadeja’s wife: Accused cop gets bail
The police constable, who was arrested for allegedly slapping cricketer Ravindra Jadeja’s wife Riva, was granted bail by a local court in Jamnagar late on Tuesday evening after his advocate contended that accused had been ‘wrongly arraigned.’
The B Division police in Jamnagar produced constable Sanjay Karangiya in the court of additional chief judicial magistrate Geeta Ahir late on Tuesday evening, around 24 hours after he was arrested for allegedly physically assaulting Riva.
As Karangiya was produced in the court, his advocate Vijay Panara moved bail application stating the accused had been arrested wrongly by police as offence against him was not made out under IPC Section 324 (voluntarily causing hurt by dangerous weapons or mean), reports the Indian Express.
The court concurred with the applicant’s argument and ordered to release Karangiya on bail.
‘We submitted that in Arnesh Kumar versus State of Bihar case, the Supreme Court had ruled that arrest of accused is not warranted if offences for which he or she has been booked do not attract imprisonment of seven or more years. We also contended that the constable had not attacked the victim with any weapon nor had the victim sustained any serious injuries leading to bleeding as she had directly rushed to the office of superintendent of police of Jamnagar and not to any hospital. Nor was any medico-legal case was registered. Therefore, Section 324 of IPC was not applicable. Hence, arrest of Karangiya was unjustifiable. We also brought it to the notice of the court that Karangiya had been kep in police-lock since his arrest to being produced in court and police had nothing to interrogate him about. The court agreed with our submission and released him on bail,’ Kanara told The Indian Express on Wednesday.
The Supreme Court has ruled that in cases where penal provisions can attract less than seven years of imprisonment, the investigation officer shall issue notice to accused and the accused will comply with it and present himself before police. In case the investigating officer wants to arrest the accused, reasons thereof shall be recorded in writing.
Karangiya, who is attached to the C Divison police station in Jamangar city, was detained soon after the incident on Monday evening and he was formally arrested later on. Hours after his arrest, he was suspended and Jamnagar SP Pradip Sejul had said that departmental action will also be initiated against the constable.
Police say that Karangiya slapped Riva, pulled her hair, smashed her against her car and tried to pull her towards him by placing his hand on her neck and chest after her luxury car was involved in a minor accident with his motor-bike on Saru Section Road of Jamnagar city. Based on a complaint filed by Riva’s mother Prafulla, the B Division police station in Jamnagar had booked 32-year-old Karangiya under IPC Sections 279 (rash driving), 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 354 (outraging a woman’s modesty), 504 (intentional insult with intent to provoke breach of the peace) and Sections 184 (dangerous driving) and 177 (punishment for violating MV Act) of Motor Vehicles Act, 1988.
All these Sections of IPC and MV Act can lead to imprisonment of less than seven years in case of conviction.
Soon after being released by the court, the constable went to government-run GG General Hospital in Jamnagar and got a medico-legal case registered there. ‘Karangiya fell down from is bike after Riva Jadeja’s car hit his bike. Karangiya suffered injuries on his left leg, left hand and head. He was called by police when he was in GG Hospital for treatment soon after the road accident on Monday evening. Police arrested him without any notice,’ Kanara further said.
Kanara said they had even sought contempt proceedings against the investigating officer. ‘By arresting Karangiya, the investigating officer has violated Supreme Court guidelines as laid down in Arnesh Kumar versus State of Bihar ruling. Therefore, we pleaded that the court issue contempt proceedings against the IO. The court is likely to pronounce its order on our plea on Wednesday,’ Kanara added.
However, B Division police inspector Ravirajsinh Jadeja, who is investigating officer of the case said he was well within his powers to arrest Karangiya. ‘He was booked for serious offence and his arrest was therefore warranted. The gravity of the offence was even more given the fact that the accused was aware of laws,’ Jadeja told The Indian Express.