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2026 Supreme(SC) 1158

SUPREME COURT OF INDIA
SANJAY KUMAR, SANJEEV SACHDEVA, JJ.
Kusumavati Gowda – Appellant
Versus
The Government of Karnataka & Ors. – Respondents
Criminal Appeal No. 4477 of 2026 (@ Special Leave Petition (Crl.) No. 5763 of 2026)
Decided On : 21-09-2026

Advocates appeared:
For the Petitioner(s): Ms. Shobha Gupta, Sr. Adv. Mr. Sanjay Nuli, Sr. Adv. Mr. Shekhar G Devasa, Sr. Adv. Mrs. Rajshri Dubey, Adv. Mr. Ashutosh Dubey, Adv. Mr. Manish Tiwari, Adv. Mrs. Thashmitha Muthana, Adv. Mr. Prashant R Dixit, Adv. Mr. Rakesh Kinni, Adv. Ms. Tog Mata Mg, Adv. Ms. Jyoti Deborah, Adv. Mr. Abhishek Chauhan, Adv. Mr. Amit P Shahi, Adv. Mr. Anjan Datta, Adv. Ms. Ishita Srivastava, Adv. Mr. Manish Dhingra, Adv. Mr. Rahul Sethi, Adv. Mrs. Rekha Chaudhary, Adv. Mr. Gaurav Yadav, Adv. Mr. Rishabh Bhardwaj, Adv. Mr. Sauvik Kumar, Adv. Mrs. Sona Khan, Adv. Mr. Amit Kumar, Adv. Mr. Sumant Khan, Adv. Mr. Anil Nishani, Adv. Mr. Govind Kashyap, Adv. Mr. H B Dubey, Adv. Ms. Akansha Bhatia, Adv. Ms. Saksham Mathur, Adv. Mr. H.B.Dubey, Adv. Ms. Aakansha Bhatia, Adv. Mr. Rahul Mishra, Adv. Mr. Sunandan Mishra, Adv. Mr. Dhuli Shiva Shankar, Adv. Mr. Om Prakash Yadav, Adv. Mr. Lokesh Raghav, Adv. Mr. Ashutosh Dubey, AOR
For the Respondent(s): Mr. Avishkar Singhvi, A.A.G. Mr. Sanchit Garga, AOR Ms. Mithu Jain, Adv. Mr. Himanshu Mishra, Adv. Mr. Kunal Rana, Adv. Mr. Shashwat Jaiswal, Adv. Ms. Diksha Arora, Adv. Mr. Bhanu Pratap Singh, Adv. Ms. Oorja Goel, Adv. Mr. Vijender Kumar, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. C B Gururaj, Adv. Mr. Naveen Chandrashekar, Adv. Ms. Pragya Smriti, Adv. Mr. Hari Abishek P, Adv. Ms. Srishti, Adv. Mr. K P Singh, Adv. M/s. Gururaj & Nayak, AOR

Constitutional courts may order a de novo investigation in exceptional circumstances where previous probes were biased or deficient, as fair investigation is a fundamental right under Article 21, even if trial has commenced or an accused has been acquitted.

Headnote:(A) Constitution of India - Article 21 - Code of Criminal Procedure, 1973 - Sections 173(8) and 482 - Fair investigation as a constitutional right - Power of constitutional courts to order de novo investigation in exceptional circumstances - Where an investigation is conducted in a biased or tainted manner, or to facilitate the escape of real perpetrators, a fresh investigation by an independent agency may be ordered to prevent miscarriage of justice (Paras 51-55) - The commencement of trial or examination of witnesses is not an absolute impediment to exercising the power to order fresh investigation (Para 53).

(B) De novo investigation vs. Further investigation - Normally, Section 173(8) CrPC provides for further investigation; however, when a constitutional court is satisfied that the investigation was not proper or objective, it can direct a de novo investigation to secure the ends of justice (Paras 51, 53) - The availability of scientific evidence, such as DNA analysis of existing material objects, can justify fresh investigation even if evidence from the immediate aftermath of the crime is lost (Para 48).

Facts of the case:
Following the brutal rape and murder of a minor girl, multiple investigative agencies conducted probes that focused exclusively on one suspect. The suspect was subsequently acquitted by the trial court, which noted gross investigative failures, including the disintegration of crucial medical evidence and failure to secure CCTV footage. The victim's family sought a de novo investigation, but the High Court dismissed the petition, reasoning that evidence from the "golden hour" was no longer available and thus a fresh probe would serve no purpose.

Findings of Court:
The investigation was conducted in a manner that caused injustice to the victim and likely shielded the real culprits. The High Court's conclusion that no useful purpose would be served by re-investigation was erroneous because scientific evidence, specifically hair samples on clothing, remained available for DNA comparison with potential suspects.

Issues: Whether a constitutional court can order a de novo investigation after the acquittal of an accused and the conclusion of a trial, specifically when the previous investigations were found to be perversely deficient and biased.

Ratio Decidendi: Fair investigation is a fundamental right under Article 21. In exceptional circumstances where a probe is found to be tainted or designed to shield offenders, constitutional courts have the dynamic power to order a de novo investigation to prevent the miscarriage of justice. This power transcends the limitations of Section 173(8) CrPC and can be exercised even after the trial has commenced, ensuring that the state's failure to conduct a proper investigation does not result in the escape of the real perpetrators.

Result: Appeal disposed of; impugned order set aside; de novo investigation ordered via a newly constituted Special Investigation Team.

Legal Category Hierarchy

  • crime and sentencing
    • offences against the person
      • rape (Para 2, 7, 8, 27)
      • murder (Para 2, 7, 8, 27)
  • practice and procedure
    • investigation
      • denovo investigation (Para 51, 52, 53, 54, 55)
      • further investigation (Para 52, 53)
    • evidence
      • circumstantial evidence (Para 28)
      • medical evidence (Para 26, 27, 32)
      • dna evidence (Para 48)
    • constitutional law
      • writ jurisdiction
        • article 226 (Para 2, 23)
      • article 21 (Para 52)
      • article 20 (Para 61)

Table of Contents

1. Petition for reinvestigation of rape and murder of a 17-year-old girl after the accused was acquitted. (Para 2 , 3 , 26 )

2. Petitioner sought denovo investigation, alleging police shielded real culprits and framed an innocent man. (Para 11 , 12 , 15 , 16 )

3. The investigation was conducted improperly; evidence was mishandled, and the acquitted man had phimosis. (Para 32 , 33 , 34 , 37 , 47 , 48 )

4. Constitutional courts can order denovo investigation when earlier probes were biased or deficient. (Para 52 , 53 , 54 , 55 )

5. Appeal allowed; High Court order set aside; denovo investigation ordered by a new SIT. (Para 61 )

6. Can constitutional courts order a denovo investigation after the accused's acquittal?

Yes, constitutional courts can order a fresh investigation to prevent miscarriage of justice when the earlier probe was unfair or biased. (Para 52 , 53 , 54 , 55 , 57 )

7. What conditions justify ordering a denovo investigation?

A denovo investigation is justified when the original investigation was tainted, biased, or conducted to shield real offenders. (Para 52 , 53 , 54 , 55 )

8. Does an acquittal bar a fresh investigation into the same crime?

No, an acquittal of one accused does not bar a fresh investigation to find other perpetrators, as it is a different investigation. (Para 61 , 47 )

9. What is the role of the victim in criminal proceedings?

The victim is not a stranger to the trial; victimology is important, and the court must ensure justice for the victim. (Para 55 , 58 )

JUDGMENT

SANJEEV SACHDEVA, J.

1. Leave Granted.

2. Father of a 17 year old girl who was brutally raped and then murdered had filed the subject Writ Petition being WP No. 3301 of 2024, seeking a direction to the Central Bureau of Investigation1 [CBI for short] to reinvestigate/denovo investigate Cr.No.250/2012 originally registered by the Belthangady Police as per the Complaint dated 09.10.2012 & First Information Report2 [FIR for short] in Crime No.250/2012 dated 09.10.2012 and re-registered as FIR No.RC.2(S)/2014/CBI/SCB/CHENNAI dated 07.03.2014 by CBI, SCB Chennai to ensure that the real perpetrators of the crime are booked and prosecuted to render justice to the Victim. After the passing of the impugned order by the High Court, the original petitioner i.e. the father of the victim passed away and the present appeal was presented and prosecuted by the mother of the victim.

3. Complaint Cr.No.250/2012 was originally registered by the Belthangady Police for the missing minor daughter of the complainant, the father of the girl, but subsequently the offences punishable under section 376 and 302 Indian Penal Code3 [IPC for short] were added.

4. The writ petitioner i.e. father of the deceased was an agriculturist by profession and also a class II Public Works Department contractor resident of Dharmasthala Village, Belthangady Taluk, D.K. District. His family consisted of his wife, 5 children, his aged parents. The deceased victim was his second daughter aged about 17 years at the time of the incident. She was studying in 2nd year of Pre-University Course at Sri. Dharmasthala Manjunatheshwara College Dharmasthala.

5. As per the writ petitioner, the deceased used to go to college by bus from Nethravathi Bathing Ghat by 8.00 am and she would come back usually at 2.00 pm. On 09.10.2012 as always she left her Home to go to the college at 8.00 am. On that day there was a function in the house of her relative, whose house was very close to her house and all the family members of the deceased had gone to attend the function.

6. As per the writ petitioner, while going to college she informed her mother that she would not carry her lunchbox and she would return from the college at 2.00 pm. On the fateful day i.e., 09.10.2012, returning from college, she got down from the bus around 04.15 pm near Mannasanka bus stop and walked towards her house. She was last seen by her uncle and aunt who were coming in the opposite direction in their jeep and waved at her. Around 07.00 pm the mother of the deceased found that she had not returned home or attended the function at their relative’s. The mother of the deceased informed her father. Immediately thereafter the father and his relatives and well-wishers reached the Nethravathi Bathing Ghat and enquired from the locals. Getting no clue about the deceased, they all started to search for the deceased in and around the place, however unsuccessfully. Thereafter, the writ petitioner went to the Jurisdictional Belthangady Police Station and lodged a missing complaint.

7. On the next day i.e. 10.10.2012 some locals found a dead body of a girl in a thick bush near Mannasanka in a half naked condition and her left hand was found tied to a stem of a tree using a shawl/veil of her college uniform. The body was identified by the writ petitioner and his relatives as that of the missing girl. As per the Writ Petitioner, the dead body was found at the same spot where the search was carried out by the writ petitioner, his family member and villagers on the previous day. After the body was found a Complaint was filed by the uncle of the deceased Jagadish Gowda. Based on the complaint, subject FIR No.250/2012 was altered and offences punishable under sections 376 and 302 IPC were added.

8. Upon hearing about the incident and the death of the minor girl, large number of people gathered at the place. The police personnel attached to the Belthangady police station visited the spot and shifted the dead body to Belthangady General

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Cases Referred (13)

Vinay Tyagi vs Irshad Ali @Deepak and Others (2013) 5 SCC 762 [Para 26]

Popular Muthiah vs State (2006) 7 SCC 296 [Para 26]

Neetu Kumar Nagaich v. State of Rajasthan

Vinay Tyagi vs Irshad Ali @Deepak and Others

Popular Muthiah vs State

Hasanbhai Valighai Qureshi Vs. State of Gujarath and Others

Kashmeri Devi v. Delhi Admn.

Babubhai v. State of Gujarat

Bharati Tamang v. Union of India

Zahira Habibulla H. Sheikh v. State of Gujarat

Pooja Pal v. Union of India

Rattiram v. State of M.P.

Dharam Pal v. State of Haryana

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