The Karnataka High Court has ordered the Central Bureau of Investigation (CBI) to carry out a de-novo investigation into the murder of former Zilla Panchayat President of Kolar District, M. Srinivas. The Court came down heavily on both the local police and the Crime Investigation Department (CID) for their flawed handling of the case, calling the investigations “reckless” and riddled with lapses.
Justice M. Nagaprasanna observed that the manner in which the investigation was conducted had completely eroded public confidence. “In cases of the nature of the subject crime which is an alleged daylight murder, the investigation cannot be recklessly done, as is done in the case at hand. If the glaring lacunae is considered, it does not inspire even a modicum of confidence in the conduct of investigation by the Investigating agency (local Police) or the CID. The very essence of justice is threatened when those entrusted with its pursuit, falter so gravely,” the Court remarked.
The case arose from a brutal incident on October 23, 2023, when M. Srinivas was attacked in broad daylight near a construction site. According to the complaint lodged by his driver, around six individuals arrived on bikes carrying a cement bag. One approached Srinivas to greet him, but another sprayed pepper spray on his face, and the group pulled out weapons including knives and talwars from the cement bag and assaulted him. Srinivas was rushed to the hospital but succumbed to his injuries at around 1:50 pm that day.
Srinivas’ widow, Dr. S. Chandrakala, filed a petition before the High Court, raising serious doubts about the integrity of the investigation conducted first by the local police and later by the CID. She highlighted that her late husband, being a political figure, had many rivals and alleged that the murder was a result of a hired plot. She expressed fears that the local police were under pressure and would not be able to conduct an unbiased investigation, which led her to request that the case be transferred to the CBI.
The Court reviewed the case records and identified a series of glaring lapses in the way both the local police and CID handled the probe. Among the most concerning issues was the delay in recording statements of eyewitnesses under Section 161 CrPC, which happened five days after the murder, and the even longer delay of sixteen days before their statements were recorded under Section 164 CrPC.
The Court also found that the investigating officers made no serious efforts to recover the weapons used in the crime, despite the accused revealing they had discarded them near a pond. The weapons were only recovered much later by the CID, and many essential investigative steps — including seizing the accused's bloodstained clothes and gathering CCTV footage from relevant locations — were either delayed or entirely skipped.
Both the local police and the CID miserably failed to inspire even a semblance of confidence in the conduct of investigation, which erodes public confidence in the conduct of investigation particularly in murder cases, the Court noted.
Highlighting the shortcomings further, the Court recorded the candid admission of the Special Public Prosecutor, who told the Court, It is a sorry state of affairs where the investigation is carried out in this manner in a case of murder. He would make these submissions notwithstanding the fact that he is appointed as a Special Public Prosecutor to prosecute the case on behalf of the State. He would submit that he cannot defend such investigations.
The Court also pointed out that even the CID was not an independent investigative body in the true sense, as it remains a wing of the State police apparatus. Given these findings, the Court held that an independent agency was needed to handle the investigation and stressed that the case was a textbook example of why such transfers were necessary.
Read Also:- Karnataka High Court Issues Notice to Chief Minister Siddaramiah and Others in MUDA Scam Probe Appeal
“In the facts and circumstances of the case, noticing the fulcrum of the investigation, the subject case emerges as a classic illustration for transfer of investigation to CBI, not for conduct of further investigation, but for conduct of de-novo investigation. The said direction is not merely warranted, it is imperative, as both the local Police and the CID have completely drowned the whispers of truth into deep waters by slipshod investigations,” the Court concluded.
With these strong observations, the Court allowed Dr. Chandrakala's petition and ordered the CBI to take over the case and conduct a fresh, independent investigation.
Appearance: Senior Advocate Sandesh J Chouta a/w Advocate Sanya Malli for Petitioner.
SPP C.H Hanumantharaya a/w Additional SPP B N Jagadeesha FOR R-1 AND R-3.
SPP P Prasanna Kumar FOR R-2.
Case Title: Dr S Chandrakala AND State of Karnataka & ANR Case No: WRIT PETITION No.24360 OF 2024
