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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. VEERAPPA, N.S. SANJAY GOWDA, JJ.
Sri. Basavaraj Shivappa Muttagi S/o Shivappa Muttagi – Petitioner
Versus
State of Karnataka, through Additional Chief Secretary, Home Department – Respondent
Writ Petition Nos. 51012, 52575 of 2019, 15828, 16081, 16088 of 2021
Decided On : 16-10-2021
Criminal Procedure Code,1973 - Section 156,482 ,319 ,195A ,313,173 and (8) - Constitution of India,1950 - Articles 142 , 14 and 21 –Indian Penal Code,1860 - Sections 143, 147, 148, 120B, 302, 201 and 149 - Karnataka Government Transactions Business Rules, 1977 - Rule 51 - Delhi Special Police Establishment Act, 1946 - Section-6 - Power to examine the accused – Punishment – Equality before law - To quash Government Order according sanction to Central Bureau of Investigation under Section-6 of Delhi Special Police Establishment Act, 1946, to conduct further investigation with respect to Crime registered with Sub-Urban P S, for offence punishable under Section 302 of IPC and writ in nature of certiorari to quash FIR as per Annexure-B - Present case lies in FIR which came to be registered with Sub-Urban PS in pursuance to an information preferred by one, wherein it was alleged that her husband deceased was actually involved in politics and due to his political activities, deceased had prior to 2 days from date of incident, received an anonymous letter threatening him that, he would be murdered just like his elder brother-late It is further alleged that deceased had around 25 criminal cases pending in five P S, which includes six murder cases - Further, he is also listed as ‘Rowdy’ in Rural and other Police Stations and there were 12 criminal cases in Rural P S, 6 criminal cases in P S, one criminal case in P S2 criminal cases in New Town P S and four criminal cases in City P S for various offences registered against him.
Finding of the Court:
local investigating officers have not conducted the investigation in a fair and proper manner to both victim as well as accused persons, thereby some of the accused persons have been shielded to escape from the clutches of law and the subsequent supplementary charge-sheets filed clearly illustrates that the very investigating officers - accused Nos. 19 and 20 have colluded with accused persons by receiving gratification in order to dilute the investigation and there are abundant material on record and overt acts against the said accused persons. Now the matter is being posted for further trial and the accused persons have to face the trial. The petitioners-accused have not made out a case as to how they are prejudiced by facing trial. Ultimately after trial, the truth always prevails and hence, no injustice would be caused to the accused persons in facing the trial. In the circumstances, this is not a fit case where this Court can interfere with the impugned order passed by the State Government in exercise of discretionary powers under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. in entrusting the case to the 2nd respondent-CBI for further investigation culminating into filing of FIR and resultantly, the investigation is carried out by the investigating officers of the 2nd respondent-CBI during the pendency of the interim order of stay granted by the Hon’ble Supreme Court staying operation of the learned Single Judge of this Court with effect from 20th February, 2020 till the disposal of the SLP and even after disposal of SLP, the Hon’ble Supreme Court has continued the stay order to operate -Court cannot quash impugned order passed by State Government as well as FIR culminating into filing of supplementary charge-sheets, taking of cognizance by competent Court and that too when matter is now being posted for further trial in exercise of powers under provisions of Articles 226 and 227 of Constitution of India read with Section 482 Cr.P.C.
Result: Writ Petitions dismissed
ORDER :
1........
(ii) Writ Petition No. 52575/2019 is filed by Accused No. 5-Vinayak.
(iii) Writ Petition No. 15828/2021 is filed by Accused No. 15-Vinay Kulkarni.
(iv) Writ Petition No. 16088/2021 is filed by Accused No. 16-Chandrashekar Indi.
(v) Writ Petition No. 16081/2021 is filed by Accused No. 21-Somashekar.
(I) Facts of the Case
2. This is a classic case where the political parties and the Police authorities have tried to misuse their power to bury the truth in respect of an unnatural death of one Yogishgouda goudar.
3. These writ petitions are filed by the accused persons stated supra under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, praying for a writ in the nature of certiorari to quash the Government Order dated 6.9.2019 made in HD 48 PCB 2016 as per Annexure-A, according sanction to the Central Bureau of Investigation (‘CBI’ for short) under Section-6 of Delhi Special Police Establishment Act, 1946, to conduct further investigation with respect to Crime No. 135/2016, registered with the Dharwad Sub-Urban Police Station, Dharwad for the offence punishable under Section 302 of IPC and writ in the nature of certiorari to quash the FIR dated 24.6.2019 bearing No. RC 17(S)/2019/CBI/ACB/BLR as per Annexure-B.
4. The genesis of the present case lies in FIR bearing No. 135/2016, which came to be registered with the Dharwad Sub-Urban Police Station in pursuance to an information dated 15.6.2016, preferred by one Smt. Mallavva W/o Yogishgouda Goudar, wherein it was alleged that her husband i.e. deceased was actually involved in politics and due to his political activities, the deceased Yogishgouda Goudar had prior to 2 days from the date of incident, received an anonymous letter threatening him that, he would be murdered just like his elder brother-late Sri. Udaygowd Gowdar. It is further alleged that the deceased Yogishgouda Goudar had around 25 criminal cases pending in five Police Stations, which includes six murder cases. Further, he is also listed as ‘Rowdy’ in Dharwad Rural and other Police Stations and there were 12 criminal cases in Dharwad Rural Police Station, 6 criminal cases in Navalgund Police Station, one criminal case in Garaga Police Station, 2 criminal cases in Dharwad New Town Police Station and four criminal cases in Dharwad City Police Station for various offences registered against him.
5. It was further alleged that the deceased Yogishgouda Goudar had ignored threatening letter and had been going on with his day to day affairs, which included attending Gym at 7.30 a.m. in the morning. It was further alleged that on 15.6.2016, when the deceased Yogishgouda Goudar, had proceeded to Gym, and when he was about to enter the Gym, some unknown persons had assaulted him with weapons and caused his death. On such allegation, the Dharwad Sub-Urban Police had registered the information dated 15.6.2016, as FIR No. 135/2016 against unknown persons for the offence punishable under Section 302 of IPC. After investigation, the Police filed the charge-sheet against six accused persons for the offences punishable under Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 of IPC and advanced the prosecution theory that, the petitioners/accused persons and the deceased Yogishgouda Goudar, were known to each other and were politically connected from rival parties. It was further alleged by the police that, the Accused No. 1 (Petitioner in W.P. No. 51012/2019) had entered into an agreement to purchase the lands to an extent of 25 acres 08 guntas in Belligatti village. It was further alleged that, at that time, the deceased had interfered and threatened the Accused No. 1 that, in the event of him purchasing the said lands, he would kill the Accused No. 1. It was further alleged that on such premise, the Accused No. 1 had entered into a conspiracy with Accused Nos. 2 to 6 and on 15.6.2016, wi
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