The Court upheld the principle that constitutional mandates require thorough and fair investigations in criminal cases, allowing for further inquiry even after charges are framed to ensure justice is served.

ORDER :

(VENKATESH NAIK T., J.)

Heard the learned counsel, Sri R.H. Angadi, for the impleading applicant on I.A. No. 1/2025 and the counsel for the petitioner.

2. Upon being satisfied with the grounds urged, the application is allowed. The proposed applicant is permitted to be impleaded as respondent No.4. The learned counsel is also permitted to amend the cause title accordingly and forthwith.

3. The petitioner – complainant is knocking at the doors of this Court calling in question an order dated 13.11.2024 passed by the learned Additional District and Sessions Judge, Koppal (sitting at Gangavathi) in S.C. No.89/2021 rejecting protest petition filed by the petitioner.

4. Heard Sri. P.P. Hegde, learned Senior Counsel appearing for the petitioner, Smt. Kirthilatha Patil, the learned HCGP for respondent Nos.1 to 3 and Sri. R.H. Angadi, learned counsel for respondent No.4.

5. The petitioner – complainant is the husband of one Smt. Triveni (the deceased). The family members of the petitioner – complainant and the deceased were not happy with their marriage, as the petitioner belonging to Reddy family and his wife – deceased was from Maratha family. All the relatives of the deceased were harassing the petitioner and his deceased wife and were asking wife to desert the petitioner. The deceased had refused to desert the petitioner, the relatives of the petitioner’s wife conspired and have committed murder of the wife of the petitioner and assaulted the petitioner on the head with the iron rod on 17.10.2020, when they were walking home along the side of the gutter. Hence, Smt. Triveni succumbed to the injuries on the spot and the petitioner also sustained severe injuries, thus he was admitted to hospital and he was unconscious. Hence, on the same day at 10:30 p.m., the PSI of Karatagi Police Station registered a case in Crime No.207/2020 for the offences punishable under Sections 302 and 307 of the INDIAN PENAL CODE , 1860 (for short, “IPC”) on an information of Sri. Bheemanna (P.C. No.270) a Police Constable of Karatagi Police Station, alleging that, on 17.10.2020, when he was on patrolling duty, at about 07:15 p.m., he received an information that, some miscreants have committed the murder of a woman and grievously assaulted a person.

6. After enquiry, the PSI came to know the names of the deceased as Smt. Triveni, wife of Sri. Vinod Malalli and name of the injured as Sri. Vinod S/o. Venkanna Malalli. He shifted the dead body to the hospital and seized iron rod, mobile phone, handbag under panchanama at the place of occurrence.

7. It is contended that initially respondent No.1 filed charge sheet against only four persons. Subsequently, based on the statement of the petitioner – injured dated 08.01.2021, accused Nos.5 to 7 were charge sheeted. Again the petitioner and his brother have made correspondence to respondent Nos.2 and 3 making allegation on the Investigating Officer, contending that, there are other accused persons, but the Investigating Officer is screening them by not arresting accused No.2 and not conducting proper investigation and thus, requested to take appropriate action.

8. It is further contended that, since the petitioner was in-patient, he sent an e-mail correspondence to the respondents narrating the fact of involvement of other accused persons and brought to their notice about CDR records. Respondent No.1 called petitioner’s brother to the Police Station and received his compliant on 12.09.2023. In the aforesaid complaint,