COMMR DHARWAD DIST DHARWAD Vs. SHIVAKKA

JUDGEMENT

(1.) Delay condoned. Feeling aggrieved by the refusal of the Division Bench of the Karnataka High Court to interfere with the order passed by the learned Single Judge for payment of Rs 3,00,000 to Respondents 1 to 5 as compensation in lieu of the death of their breadwinner, Basappa Kuri in police custody, the Deputy Commissioner, Dharwad and two others have filed this petition.

(2.) Basappa Kuri (the husband of Respondent 1 and the father of Respondents 2 to 5) is alleged to have been mercilessly beaten by Subhash Desai, President of Amminabhavi Panchayat, District Dharwad, after tying him to a telephone pole in front of his house in the village. On receipt of information about the incident, the police reached the spot and took Basappa Kuri to the police station. However, instead of taking action against the wrongdoer, the police arrested the victim and kept him in custody for more than 24 hours. During that period, he is said to have been severely thrashed by Respondent 6, K.S. Tanveer, Police Sub-Inspector, Dharwad Rural Police Station, Dharwad. After torturing him for two days, the police took Basappa Kuri to City Civil Hospital, Dharwad at 2.30 a.m. on 29-11-2002, where he breathed his last at 3.00 a.m.

(3.) A complaint was registered against Respondent 6 for an offence punishable under Section 342 of the Penal Code, 1860. After few days, the Sub-Divisional Magistrate-cum-Assistant Commissioner, Dharwad announced compensation of Rs 1 lakh to the family of the deceased. This appears to have been done after the District Administration realised that it was a case of custodial death.