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2024 Supreme(Online)(Kar) 40255
KARNATAKA HIGH COURT
MR. JUSTICE M. NAGAPRASANNA, J
SMT. KANAKA LAKSHMI B M – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 12695 / 2024
SRI VENKATESH DALWAI, ADVOCATE; SRI JAGADEESHA B. N., ADDL. SPP FOR R1
The court established the necessity for an impartial investigation into allegations of police misconduct and abetment to suicide, leading to the formation of a Special Investigating Team.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Section 108 - Indian Penal Code - Section 306 - Prevention of Corruption Act, 1988 - Section 7(a) - Investigation into allegations of abetment to suicide and corruption against a police officer - Necessity for a fair investigation established, leading to the formation of a Special Investigating Team (SIT) comprising members from both CBI and State Police. (Paras 15-16)
(B) Investigation - The court emphasized the importance of a transparent investigation, especially in cases involving police officers, to maintain public confidence. (Paras 14-15)
Facts of the case:
The petitioner, a Deputy Superintendent of Police, is accused of abetting the suicide of an individual under investigation, leading to a complaint and subsequent registration of a new crime. The investigation has faced delays and allegations of torture.
Findings of Court:
The court found that the circumstances necessitate an investigation, and a Special Investigating Team should be constituted to ensure fairness.
Issues: The main issues included the necessity of an independent investigation and the allegations of torture leading to suicide.
Ratio Decidendi: The court ruled that the allegations of torture and the circumstances surrounding the suicide warrant a thorough investigation, emphasizing the need for impartiality in cases involving police officers.
Result: Criminal Petition dismissed; SIT constituted to investigate.
| Table of Content |
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| 1. petitioner's defense against allegations (Para 13 , 15 , 16 , 17) |
CAV ORDER
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
The petitioner/accused in Crime No.338 of 2024 is knocking at the doors of this Court calling in question crime registered for offences punishable under Section 108 of the Bharatiya Nyaya Sanhita , (‘BNS’) 2023/ Section 306 of the earlier regime of the IPC r/w Section 7(a) of the Prevention of Corruption Act , 1988 (‘the Act’ for short).
2 . Facts, in brief, germane are as follows:-
The backdrop of emergence of impugned crime dates back to 18-03-2023 when the jurisdictional police registered a crime against several persons in Crime No.56 of 2023 for offences punishable under Sections 406, 420 and 149 of the IPC. The crime was against officers and others of Bhovi Development Corporation. The allegation against several persons including few of the petitioners in the companion petitions who are arrayed as accused is that one Smt. K. Suryakalavathi registered a complaint alleging that one Smt. Saraswathi and Smt. Lakshmi assured her and other 46 women in the locality that they can avail loan from Bhovi Development Corporation and in furtherance of the correspondence between them, they gave their Aadhar Card or passport size photos along with income certificates for obtaining loan from Bhovi Development Corporation. It is alleged that ₹25,000/- was demanded as commission. In this manner of make belief of grant of loan, several crores of Bhovi Development Corporation appear to have been swindled by several persons.
Two business establishments by name Anika Enterprises and Haritha Creations became the spotlight of instigation. Two sisters owned those enterprises – one Sangeetha and one Kumari Jeeva. Among other accused, they were also drawn into the web of proceedings as accused in the aforesaid crime. One Yashaswini M, proprietor of M/s New Dreams Enterprises is arrayed as accused No.7. Investigation commences. The investigation is not concluded despite passage of close to 25 months. The justification for non-completion of investigation is repeated change of Investigating Officers for manifold reasons and petitions pending before this Court.
3. This Court, from time to time, passed certain orders permitting continuance of investigation and directing the Investigating Officer in-charge of the Police Station not to file the final report without the leave of the Court. Here comes the petitioner, as the 4 th Investigating Officer in Crime No.56 of 2023.
The Investigating Officer was repeatedly alleged of harassment and torture to the accused. Several affidavits are filed by accused Nos. 7 and 8 with regard to the torture of the Investigating Officer. On the morning hours of 22-11-2024 after participating in the investigation on several dates, accused No.8 one Kumari Jeeva dies by committing suicide. It is then, a complaint is registered by her sister who is also an accused in the crime. The complaint results in registration of crime in Crime No.338 of 2024. Even before the ink could try on the crime so registered, the petitioner has preferred the subject petition 3 days after registration of the crime seeking quashment of proceedings.
4. Certain analogous developments emerge. After filing of the present petition seeking quashment, on the score that the person who committed suicide owing to alleged torture of the petitioner, the Advocates’ Association and others file applications seeking to implead themselves as party respondents into these proceedings and a separate application by the petitioners in the companion petition to refer the matter to the hands of an independent agency, according to them, to the Central Bureau of Investigation (’CBI’). Therefore, the matter was heard, on the issue whether the investigation is necessary in Crime No.338 of 2024 and, if so, who should be the Investigating Agency.
5. Heard Sri Venkatesh P Dalwai, learned counsel appearing for the petitioner and Sri B.N. Jagadeesha,
