The Karnataka High Court, on April 28, granted permission to the State Government to bury the body of Ritesh Kumar, a migrant labourer from Bihar. Kumar was allegedly killed in a police encounter on April 13 in Hubballi after being accused of murdering a five-year-old girl.

The division bench comprising Chief Justice N V Anjaria and Justice K V Aravind allowed the burial after the State Government submitted that the post-mortem examination had been completed and necessary body parts had been preserved for investigation. The bench noted, "It is to be stated that there is no restraint as of now to bury the body. The authorities are permitted to bury the body.

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The court was hearing a petition filed by the People's Union for Civil Liberties (PUCL), Karnataka, challenging the actions of the police in the case. While issuing notice to the respondent authorities, returnable by April 24, the court addressed various concerns regarding the investigation process.

Senior Advocate Aditya Sondhi, appearing for the petitioner, pointed out that the police had not registered an FIR for the encounter as required by the Supreme Court’s guidelines. Instead, an FIR was lodged against the deceased Ritesh Kumar, accusing him of obstructing the police. Referring to the Supreme Court's judgment in PUCL v. State of Maharashtra (2014), Sondhi argued, "The entire scope of magisterial inquiry requires a registration of FIR. The state has registered a case against the deceased that he obstructed the police."

In response to the court’s query about the next steps following the FIR registration, Sondhi clarified, inquiry will have to be on the encounter not against the deceased. Acknowledging the concern, the court observed, The court can say that investigation will have the dimension of encounter also.

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Advocate General Shashi Kiran Shetty, representing the State, assured the court that a proper inquiry would be conducted. He stated, "Whether the encounter is genuine or fake will be looked into by the magistrate after inquiry." Shetty further clarified that the investigation had been handed over to the CID, an independent agency, and not to the local police.

However, Sondhi insisted that although the CID was involved, the FIR given to the CID was still against the deceased. He requested the court to examine the FIR before passing any further orders.

"It has been given to CID no doubt but what is given to the CID is FIR against the deceased. Lordships may please look at the FIR and then pass appropriate orders," Sondhi urged.

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The court, taking note of these submissions, directed the authorities to submit translated copies of both FIRs. It indicated that it would pass a comprehensive order on Friday, May 2, after reviewing the documents. Meanwhile, the court declined the petitioner's suggestion to produce the post-mortem report of the deceased at this stage.

The case, titled People's Union for Civil Liberties v. State of Karnataka, bearing Case No. WP 11397/2025, continues to raise significant questions about encounter deaths, compliance with Supreme Court mandates, and the independence of police investigations.