Judgment

1. Delay condoned.

2. Feeling aggrieved by refusal of the Division Bench of the Karnataka High Court to interfere with the order passed by the learned Single Judge for payment of Rs. 3,00,000/- to respondent Nos. 1 to 5 as compensation in lieu of the death of their bread winner Basappa Kuri in police custody. Deputy Commissioner, Dhardwad and two others have filed this petition.

3. Basappa Kuri (husband of respondent No.1 and father of respondent Nos. 2 to 5) is alleged to have mercilessly beaten by Subhash Desai, President of Amminabhavi Panchayat, District-Dhardwad, after tying him to telephone pole in front of his house in the village. On receipt of information about the incident, the police reached the spot and took Basappa Kuri to Police Station. However, instead of taking action against the wrong doer, the police arrested the victim and kept him in custody for more than 24 hours. During that period, he is said to have been severely thrashed by respondent No.6 K.S. Tanveer, Police Sub Inspector, Dharwad Rural Police Station, Dharwad. After torturing him for two days, the police took Basappa Kuri to City Civil Hospital, Dharwad at 2:30 AM on 29.11.2002, where he breathe