The complaint to Police Commissioner

I was advised by a few citizen activists that i should file a complaint with the Police Commissioner. I heeded their advise and did so. I gave a written complaint, detailing out the events of the 3 days. The complaint was given to the Police Commissioner of Bangalore Police somehere around 6-March-2006 by the citizen activist Mr. Govardhan of Swabhimana. A few days later, a police man from the Audugodi Traffice police station came to my house. The inspector of the police station requested my presence regarding the complaint I had filed.

I went to meet the inspector along with Mr. Govardhan. Here all the inspector asked was if anybody had asked me for a bribe. The answer is no, and I said so. According to the inspector that was the only form of harrassment that was possible. In his books, filing false complaints, not recording statements does not fall into the category of harrassment. We tried in vain to tell him that refusing to accept a statement is a form of harrassment when the police are supposed to be impartial and agnostic in their approach.

After this meeting nothing much happened. Mr. Govardhan did try to followup, but of no use. I figured that, this was going to be my battle and mine alone. I need to fight this and take it to the logical conclusion myself.

Apaghata - III

Events on 01-Mar-2006 - day 3

11:30 Hrs to 11:50 Hrs
I reached the Adugodi police station, and went to the Accident (Investigation) section with Rs. 100 stamp paper purchased from State Bank of Mysore, MG Road Branch. SI Mr. B Siddappa was in the police station and he asked me to wait as Mr. Shivanna was not there. After about 20 minutes, Mr. Shivanna did not come. At 11:50 hrs, Mr. Siddappa instructed the other person in the station to prepare the documentation to secure the release of my car.

11:40 hrs to 13:00 Hrs
I signed many documents; I was not given a copy of any document I signed. I was told I was not entitled to any of those. My driver’s license was impounded. The only document copy I was given was the acknowledgement of impounding my driver’s license. The final document was prepared on the Stamp paper I had bought. In this document it was written that I hit a pedestrian. I immediately took up the matter with Mr. Siddappa, who said that I could not dispute that issue. I was concerned that if I sign that, then it will amount to me admitting to a misrepresentation.
I asked Mr. Siddappa about the statement I had made and what action he will take as the investigating officer. He categorically stated that as an accused I had no avenue to make any statements. Mr. Shivanna even stated that if I have to prove my side of the story I had to produce the schoolboy riding the cycle. Mr. Siddappa said that I should come a week later admit guilt and pay-up the fine. He took no heed to my pleas of why I should do that when there is no fault of mine. At the end with out much option I signed the stamp paper after being assured that that document will not be used in court.

Apaghata - II

The day after the accident

Events on 28-Feb-2006

10:00 Hrs – 10:30 Hrs
I reached the Adugodi police station, and went to the Accident (Investigation) section. I was told that the Sub-Inspector was not available and had to wait. After sometime, I was asked to photocopy the FIR that was lodged (case no 51/06) and few other papers. I complied with the request and photocopied the documents. This was when I read the FIR and the complaint where I allegedly hit a pedestrian.
I was told that the document to have the car inspected by RTO was ready and it required the signature of the Sub Inspector Mr. B Siddappa and I was to wait for him.

10:30 Hrs to 11:30 Hrs
After waiting for an hour and half, the writer in the police station Mr. Shivanna himself, who was present from the time I got there, signed the RTO letter and handed the same over to me. When asked what the procedure was after the RTO inspection I was told that once the inspection is complete I can take my car.

11:30 Hrs to 12:30 hrs
I reached the RTO (Central) office in Koramangala BDA Complex. I was directed by the reception to the ARTO’s office. The ARTO signed the letter and directed me to an inspector. I met RTO inspector Thyagaraj (mobile number 9448004222). He informed me that he can reach the police station only at 15:00 hrs. He gave me his cell phone number and asked me to call him at 13:30 hrs.

13:30 hrs
I called the RTO inspector, who asked me to meet him at the police station at 14:10 hrs. I once again informed him that the car was parked in the premises of Adugodi (Law & Order) police station.

14:00 hrs – 15:15 hrs
I called the RTO inspector that I had reached the Adugodi police station. He asked me to wait there. In between he called me to check where I was, I again repeated I was at the Adugodi (Law & Order) police station.

15:30 hrs to 15:45 hrs
I fixed up to meet the RTO inspector at Adugodi Traffic Police station. I met Mr. Shivanna who told me they will complete the formalities for release of my vehicle once the RTO inspection is complete. Mr. Shivanna did not elaborate on the formalities despite me asking specifically about the formalities. Mr. Shivanna left to have lunch while I was waiting for the RTO inspector.
The RTO inspector met me at the Adugodi police station and I took him to the Adugodi (Law & Order) Police station. He inspected the car and asked me where the damage was. I informed him that there was no damage to the car from the accident I was involved in. He completed his inspection, wrote a note to the sub-inspector and left.

16:00 hrs to 18:00 hrs
I walked back to the Adugodi Police station. At that time, there was only one person in the Accident (investigation) section. Mr. Shivanna and Mr. B Siddappa were not available. I informed the person in the office that I will wait for them. After 30-45 mins the person in the office informed me to leave and come back tomorrow as Mr. Shivanna and Mr. B Siddappa were not available.
By this time, Mrs. Sheela Ladha and Major Kapur from the Koramangala residents welfare association called me and said they are on their way to the police station. Once they arrived, we met with Inspector of Police Mr. Singad. He asked me if I had the stamp paper ready. All the time I was in the police station, since morning I was not told that stamp paper was needed as part of the formalities. I informed Mr. Singad that the procedure needed to secure the release of the car was not explained to me. It was too late in the day to buy stamp paper as it is sold only in branches of State Bank of Mysore. Mr. Singad immediately instructed the personnel on duty to release my car and asked me to come back the next day to complete the formalities.

Apaghatha.

That's what the police sub-inspector (accident investigation) at the Adugodi Traffic Police Station told me. "It is afterall an accident. I did not intend to be there. The schoolboys on the cycle did not did it on purpose. There is no motive. That is why it is apaghata, accident."

It sure was, an accident. Wife and me heading back home on Hosur road towards in the direction of richmond road from Koramangala. Around 5:20 PM. We had to take a different route that day to do an errand on the way back home. As we passed the Adogodi traffic signal, there were 2 school boys on a cycle heading in the worng direction on our left. I saw them too late as they came up suddenly behind some people on the road. We were travelling pretty slow as the signal had just turned green. Before I knew it the handle of the cycle came in contact with the left rear view mirror. The boys fell down. I stopped the car got out to help and now comes the fun part!

The school boy riding pillion was hurt as his leg was stuck in the cycle. The traffic constable at the junction saw the whole thing and asked me to take the injured school boy to the hospital. WE put him in the back seat, along with a class-mate and passery-by took the injured school boy to St. John's hospital. At the hospital the doctors asked for initial money for the x-ray and registration. I paid for both.

After sometime, the boy's paternal uncle landed up. From the minute he saw the boy all he did was yell and shout at the boy. He screamed at him for being on a cycle. Before I knew what was going on, the story had changed. Now I was accused of hitting a hapless schooboy who was crossing the road. The cycle and cyclist out of the picture.

I was asked to take my car to the Traffic Police station. A constable from the police station drove with me, I suppose to make sure that I did not run away! Got to the police station, and when I walked in, the boy's uncle was there, and a complaint was being written stating that I had hit the kid while he was crossing the road. I protested, but in vain. I wrote my version of the accident, and the sub-inspector in-charge (Siddiah) refused to accept my complaint. I did not have much choice but to leave my car at the police station as the Inspector was away.

Later in the night, I went back to the police station with a friend of mine to meet the inspector. He took my letter that contained my version of the accident, refused to give any acknowledgement. He assured me that my statement will be included in the investigation. This was at 10 in the night.