Sri Pramod K S vs State Of Karnataka
2022 Latest Caselaw 1432 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1ST DAY OF FEBRUARY, 2022

                         PRESENT

          THE HON'BLE MRS.JUSTICE S.SUJATHA

                           AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

             W.A.No.1096/2021 (GM - POLICE)

BETWEEN :

SRI PRAMOD K.S.,
S/O LATE K.S.SATISH KUMAR
AGED ABOUT 42 YEARS,
R/AT NO.1184, LOCKHAVEN WAY
SAN JOSE, CA 95129, U.S.A.                   ...APPELLANT

                  (BY SRI K.N.MOHAN, ADV.)

AND :

1.      STATE OF KARNATAKA
        DEPARTMENT OF HOME
        VIKASA SOUDHA, AMBEDKAR VEEDHI
        BANGALORE-560 001
        REP BY ITS PRINCIPAL SECRETARY

2.      COMMISSIONER OF POLICE
        BANGALORE CITY POLICE
        INFANTRY ROAD, BANGALORE-560 001

3.      POLICE INSPECTOR/
        STATION HOUSE OFFICER
        SADASHIVANAGAR POLICE STATION
        SADASHIVANAGAR,
        BANGALORE-560 080
                            -2-



4.   CENTRAL BUREAU OF INVESTIGATION
     BELLARY ROAD, BAGALORE-560 032
     REP BY ITS DIRECTOR             ...RESPONDENTS

              (BY SRI T.P.SRINIVAS, PRL.G.A.)

      THIS W.A. IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 15.07.2021 IN WRIT PETITION NO.14594/2020
(GM-POLICE) AND ALLOW THE W.P.NO.14594/2020 (GM-
POLICE) BY ISSUING DIRECTIONS SOUGHT FOR IN THE
PETITION.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:

                    JUDGMENT

This intra-Court appeal is filed by the appellant

challenging the order dated 15.07.2021 passed by the

learned Single Judge in W.P.No.14594/2020, whereby

the writ petition filed by the appellant herein, has been

disposed of, being devoid of merits.

2. The appellant claiming to be son of late K.S.

Satish Kumar had filed the writ petition assailing the

endorsement dated 10.09.2019 issued by the

respondent No.3 (Annexure -G) inter alia seeking for a

direction to refer the case of death of K.S. Satish Kumar

to respondent No.2 and to direct the respondent No.4 to

investigate in the matter. The arguments of the learned

counsel advanced on behalf of the appellant inasmuch

as the improper investigation relating to the complaint

filed by the appellant has been negatived by the writ

Court. Learned Single Judge observing that the writ

petition pleadings do not reveal any ground which

would warrant granting of relief sought in the prayer,

disposed of the matter. Hence, this writ appeal.

3. Learned counsel appearing for the appellant

submitted that the learned Single Judge failed to

appreciate the specific allegation made against the

brother of the appellant, Pavan Satish Kumar inasmuch

as the unnatural death of his father, Sri. K.S. Satish

Kumar on 04.05.2018 vis-à-vis improper investigation

made by the respondents. The acts of aggression and

intentional criminal negligence on the part of Pavan

Satish Kumar certainly warrants investigation to be

done by CBI in the absence of proper investigation made

by the respondents. Learned Single Judge ought to

have entertained the writ petition and referred the

matter to CBI for investigation. Thus, seeks to set aside

the order of the learned Single Judge and refer the

matter for re-investigation by the respondent No.2 or to

refer the matter to the respondent No.4 - CBI.

4. In support of his arguments, learned counsel

for the appellant has referred to the following

judgments:-

1) Manoj Kumar Thakur vs. State of Karnataka and others (W.P.No.28092/2013, D.D. 22.11.2013)

2) Narmada Bai vs. State of Gujarat and others [(2011) 5 SCC 79].

5. Learned AGA appearing for the respondents

justifying the impugned endorsement (Annexure - G)

submitted that the statements of the mother of the

petitioner along with the statements of the other

relevant parties recorded by the investigation officer on

reporting the unnatural death of K.S. Satish Kumar

would reveal that the petitioner has some grudge

against his brother, Pavan Satish Kumar and the

pending property dispute would be the main cause.

Learned AGA has also placed the statement recorded by

the mother of the petitioner Smt. Chandrika subsequent

to the complaint lodged by the petitioner and also

produced the colour photographs relating to the

incident in question.

6. We have carefully considered the rival

submissions of the learned counsel appearing for the

parties and perused the material on record.

7. The father of the petitioner, who was aged

about 68 years, was a retired employee of I.T.I.

Indisputedly, the petitioner is residing abroad for the

past several years. All the allegations made against his

brother appears to be only on surmises and conjectures.

The suspicion raised by the petitioner against his

brother is not supported by any material evidence. Smt.

Chandrika, wife of the deceased - K.S. Satish Kumar

has revealed in the statements made by her before the

Investigation Officer about the differences between the

two brothers and the indifferent attitude of the

petitioner with his brother as well as the property

disputes. Having regard to these factual aspects, the

learned Single Judge has addressed the grievance raised

by the appellant including allegation of negligence of

medical emergency. The doubt expressed by the

appellant in not providing the medical attention also is

held to be a mere suspicion. The appellant sitting

abroad cannot imagine things and make bald

allegations against his brother, particularly about

criminal negligence. The report of the Investigation

Officer is supported by the Post Mortem Report, which

categorically states the cause of death as "death is due

to injuries sustained." The injuries sustained by the

deceased for having slipped and fallen in the bathroom

cannot be considered as criminal negligence calling for

re-investigation or referring the matter to the CBI, as

sought for, by the appellant. Moreover, the injured was

immediately taken to M.S. Rammaiah Hospital,

Bengaluru for treatment.

8. In the case of Manoj Kumar Thakur, supra,

a 3rd Semester B.E. (Telecommunication) student

studying at the College has been found dead, wherein

his parents were informed that their son fell down from

the roof of the college. The writ Court observing that

merely because the petitioner made allegation against

the police is not a ground to order for investigation by

CBI had directed the Director General of Police to

entrust the investigation to an efficient officer. With

great respect the said judgment would be of little

assistance to the appellant.

9. The Hon'ble Apex Court in the case of

Narmada Bai, supra, while dealing with the fake

encounter, wherein allegedly a person who was a

material witness to abduction of another person was

being killed by the State Police, held that, to meet ends

of justice and in public interest, CBI should be directed

to take up the investigation. With great respect, this

judgment has no applicability to the facts of the present

case.

10. Thus, we find no grounds to interfere with

the order of the learned Single Judge.

In the result, writ appeal stands dismissed.

SD/-

JUDGE

SD/-

JUDGE

PMR