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W.P No.4333/2021
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2021 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.4333 OF 2021 (GM-POLICE) BETWEEN :
SMT. M. MANJULA
W/O LATE K. RAGHUNATH
AGED ABOUT 46 YEARS
RESIDING AT NO.5034, 5-B ROAD
EPIP ZONE, TOTAL
ENVIRONMENT APARTMENT
WHITEFIELD
BANGALORE-560 066
MR. ROHITH
S/O LATE K. RAGHUNATH
AGED ABOUT 23 YEARS
RESIDING AT NO.5034,5-B ROAD
EPIP ZONE, TOTAL
ENVIRONMENT APARTMENT
WHITEFIELD
BANGALORE-560 066 ... PETITIONERS
(BY MR. HASHMATH PASHA, SENIOR ADVOCATE A/W MR. KALEEM SABIR, ADVOCATE, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOME
VIDHANA SOUDHA
BANGALORE-560 001
W.P No.4333/2021
2 2. THE COMMISSIONER OF POLICE
BANGALORE CITY, INFANRY ROAD
BANGALORE-560 001
DEPUTY COMMISSIONER OF POLICE
CENTRAL DIVISION
BANGALORE CITY-560 001
STATION HOUSE OFFICER
AND THE POLICE INSPECTOR
HAL POLICE STATION
BANGALORE-560 037
STATIION HOUSE OFFICER
AND POLICE INSPECTOR
HALASURUGATE POLICE STATION
BANGALORE-560 002
D.A. SREENIVAS
S/O LATE D.K. ADIKESHAVALU
AGED ABOUT 47 YEARS
R/AT NO.7/21, 1ST CROSS
9TH MAIN, RMV EXTENSION
BANGALORE-560 080
DAMODAR
S/O LATE GANGULAPPA
AGED ABOUT 51 YEARS
R/AT NO.21, 4TH CROSS
12TH "A" MAIN, UTTARHALLI
BANGALORE-560 061
RAMACHANDRAIAH
S/O LATE MUNISWAMY
AGED ABOUT 85YEARS
R/AT NO.11/7,THIMMANAPALLI VILLAGE
AGRAHARA SADUM MANDAL
CHITTOOR DISTRICT-517 527
K. PRATHAP
S/O RAMACHANDRAIAH,
AGED ABOUT 52 YEARS,
R/AT NO.11/7,THIMMANAPALLI VILLAGE
AGRAHARA SADUM MANDAL
CHITTOOR DISTRICT-517 527
W.P No.4333/2021
KRISHNA NAYAK
SENIOR SUB-REGISTRAR
GANDHINAGAR
BEHIND KANDAYA BHAVAN
BANGALORE-560 009
[VIDE ORDER DATED 06.03.2021
THE NAME OF R-1O IS TO BE REMOVED]
CENTRAL BUREAU OF INVESTIGATION
NEW DELHI, OFFICE AT 5-B
6TH FLOOR, CGO COMPLEX
LODHI ROAD
JAWAHARLAL NEHRU STADIUM MARG
NEW DELHI-110 003
REPRESENTED BY
P. PRASANNA KUMAR
(R-1 TO R-5 REPRESENTED BY
LEARNED GOVERNMENT ADVOCATE
HIGH COURT OF KARNATAKA) ... RESPONDENTS
(BY SHRI. M. VINOD KUMAR, AGA FOR R1-5 & R10; SHRI. C.H. JADHAV SENIOR ADVOCATE A/W SHRI. M.R. RAJAGOPAL, ADVOCATE FOR R6-R9; SHRI. P. PRASANNA KUMAR, ADVOCATE FOR R11)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OF APPROPRIATE NATURE IN REFERRING THE INVESTIGATION OF THREE FIRS WHICH ARE FIR IN CRIME NO.89/2020 OF HAL POLICE STATION BANGALORE AS EPR ANNEXURE-E, WHICH IS ARISEN OUT OF ORDER PASSED IN PCR NO.51691/2020 ON THE FILE OF XXIXTH ADDL. CHIEF METROPOLITAN MAGISTRATE BANGALORE CITY, FIR IN CRIME NO.148/2020 OF HALASURUGATE POLICE STATION BANGALORE CITY AS PER ANNEXURE-J, FIR IN CRIME NO.7/2021 OF HALASURUGATE POLICE STATION BANGALORE CITY AS PER ANNEXURE-P TO CENTRAL BUREAU OF INVESTIGATION NEW DELHI I.E R-11 WITH A DIRECTION TO CONDUCT FAIR AND EFFECTIVE INVESTIGATION IN ACCORDANCE WITH LAW.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 17.04.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-
W.P No.4333/2021
4 ORDER
This petition is filed by wife and son of one deceased K.Raghunath, with a prayer inter alia to direct investigation of three FIRs bearing No.89/2020 registered in HAL Police Station; and No.148/2021 and No.7/2021, registered in Halasuru Gate Police Station by the CBI1.
Shri. Hashmath Pasha, learned Senior Advocate for the petitioners submitted that deceased Raghunath was closely associated with late D.K.Adikeshavalu. After death of Adikeshavalu on 24.04.2013, his son, respondent No.6 herein started suspecting that lands owned and possessed by Raghunath were acquired from his father's income and demanded him to transfer them in his favour. Deceased Raghunath, did not accede to the demand. On 02.05.2019, Raghunath was taken to the house of respondent No.6 and wrongfully confined there. Raghunath had informed this fact to his wife on mobile phone. On 04.05.2019, first petitioner sent her son to find out about Raghunath. Second petitioner
1 Central Bureau of Investigation
W.P No.4333/2021
5 went to the guest house of sixth respondent and found his father hanging. Raghunath was shifted to Vydehi Hospital for treatment and Doctors declared him as 'brought dead'. Though petitioners intended to lodge a complaint of murder, they were not allowed to do so. But, their case was registered as UDR No.28/2019 in HAL Police Station.
On 15.02.2020, first petitioner sought to lodge an FIR in HAL Police Station. But, Police refused to receive the complaint because respondent No.6 is a very powerful person both financially and politically.
On 24.02.2020, petitioner has filed PCR No.51691/2020 before learned XXIX Addl CMM, Bengaluru alleging commission of murder by respondents No.6 to 9 and others. The learned Magistrate, after conducting enquiry has directed investigation. Pursuant thereto, FIR No.89/2020 has been registered on 05.03.2020 in HAL Police Station for offences punishable under Sections 34, 120B, 467, 468, 421, 474, 302, 464 and 471 IPC. Though
W.P No.4333/2021
6 more than one year has elapsed, HAL Police have not conducted any investigation.
Shri. Hashmath Pasha further submitted that respondents No. 6 to 9 have colluded and fabricated a Will in the name of deceased Raghunath and filed a suit in O.S. No.246/2020 for declaration in respect of lands belonging to Raghunath.
In substance, Shri. Hashmath Pasha submitted that the father of respondent No.6 was a very rich and influential person. He had established a Hospital called Vydehi Hospital. Deceased Raghunath was very close to him. Respondent No.6, with an ulterior motive to grab the properties belonging to deceased Raghunath got him eliminated. Because of financial strength and political connections of respondent No.6, local police are not investigating properly. Therefore, this Court may consider directing investigation by CBI or by a Special Investigation Team headed by an Officer of the rank of Inspector General
W.P No.4333/2021
7 of Police. He further submitted that according to petitioners, one Shri. Hemanth Nimbalkar, IPS., IGP is an honest Officer and this Court may consider directing investigation by a team led by him.
Petition is opposed by the State by filing Statement of objections, contending inter alia that Police have been diligently conducting investigation. Some Police Officials were on COVID 19 pandemic duty and therefore there has been some delay. Now, the investigation is almost complete. Therefore, there is no necessity for investigation by CBI or SIT2. Private respondents have also filed Statement of objections opposing the petition.
I have carefully considered rival contentions and perused the records.
Undisputed facts of the case are, Raghunath was found hanging in the guesthouse belonging to respondent No.6. He was declared 'brought dead' by the Doctors of
2 Special Investigation Team
W.P No.4333/2021
8 Vydehi Hospital belonging to respondent No.6. There are Civil disputes pending with regard to the property in the name of deceased Raghunath. Pursuant to order passed by the learned Magistrate, FIR No.89/2020 has been registered on 05.03.2020 in HAL Police Station.
Shri. Hashmath Pasha, placing reliance on paragraphs No.69 and 70 in State of West Bengal and others Vs. Committee for protection of Democratic Rights, West Bengal and others3 submitted that Supreme Court and High Courts not only have the power and jurisdiction but also an obligation to protect the fundamental rights guaranteed by Part-III in General and under Article 21 of the Constitution of India, in particular.
It is averred in the complaint registered as PCR No.51691/2020 filed by first petitioner, that late Shri. D.K. Adikeshavulu was related to the complainant. Her husband Raghunath and Adikeshavulu had good relationship and mutual trust. After death of Shri. Adikeshavulu,
3 (2010)3 SCC 571
W.P No.4333/2021
9 petitioner's husband had told her and children that his life and lives of children were in great danger as he was being threatened by sixth and seventh respondents. They sent her elder son Pradeep to Hyderabad to pursue his area of interest. Sixth respondent and his sister Kalpaja believed that Raghunath was responsible for Income tax Authorities who raided their offices and residences and recovered money to the tune of Rs.60 Crores and issued notices in respect of immovable properties worth Rs.250 Crores.
Shri. Hashmath Pasha also submitted that the learned Magistrate had issued reminder to the police on 03.04.2021. Yet, the respondent-Police are not investigating the matter diligently.
Though more than one year has elapsed from the date of registration of FIR, there appears no progress in the investigation. It is also significant to note that petitioners had to take recourse to filing a private complaint before the learned Magistrate.
W.P No.4333/2021
A fair investigation in Criminal cases to bring culprits to justice, is one of the essential duties of Police in a Rule of Law Society. The facts of the case recorded hereinabove, prima facie show that investigation is not satisfactory. It was urged by Shri. Hashmath Pasha that this Court may consider directing the State to entrust investigation to a team headed by an IGP, which, in substance is prayer clause (b).
On careful perusal of the material on record and keeping in view the facts and circumstances of this case, in the opinion of this Court, ends of justice would be met by directing investigation by a team headed by a Senior Police Officer. Hence, the following: ORDER
(a) Petition is allowed;
(b) Respondents No.1 and 2 are directed to assign the investigation of FIRs No.89/2020, 148/2020 & 7/2021 to a SIT headed by an Officer in the rank of Deputy Commissioner of Police, who has not earlier dealt with this
W.P No.4333/2021
11 case or held supervisory jurisdiction over those police stations, by fixing a time limit; and
(c) The Team shall be formed within two weeks from the date of receipt of a copy of this order
No costs.. Sd/- JUDGE SPS