M.K. KUSHALAPPA Vs. K.J. GEORGE

JUDGEMENT

(1.) This appeal arises from order dated 19th Oct., 2016 in Writ Appeal Nos. 3874-3875 of 2016 of the High Court of Karnataka at Bengaluru dismissing the writ petition of the appellants. The appellants are the father and son respectively of deceased M.K. Ganapathy, who was found dead on 7th July, 2016 in Vinayaka Lodge, Madikeri, Kodagu.

(2.) Deceased's son Master Nehal Ganapathy lodged a written complaint to the PSI of Kushalnagar police station on 10th July, 2016. But, since no action was taken, he filed a private complaint on which the Magistrate directed the Madikeri Town police station to register FIR. Accordingly, FIR No.89/2016 dated 19th July, 2016 was registered and after investigation 'B' Final Report was filed before the Court on 17th Sept., 2016. However, the FSL report was filed in Court only in April, 2017. It may be mentioned that investigation was handed over to the Criminal Investigation Department (CID) by the Director General of Police on 3rd Aug., 2016. Protest petition filed by the complainant is pending consideration by the trial Magistrate.

(3.) The appellants filed a writ petition on 15th Sept., 2016 seeking direction to place the record of crime No.0089/2016 pertaining to unnatural death of late M.K. Ganapathy before the Central Bureau of Investigation (CBI) and for a direction to CBI to conduct free, fair and impartial investigation. According to the averments in the writ petition, the deceased was serving the Karnataka Police as Deputy Superintendent of Police. He was subjected to harassment by Respondent Nos. 1 to 3. Respondent No. 1 was at one time the Home Minister of the State and Respondent Nos. 2 and 3 were senior I.P.S. Officers. The deceased gave a statement in media about harassment meted out to him by the Respondent Nos. 1 to 3 in their official capacity. The said television interview was to be telecast at 8.00 p.m., but even before the telecast his dead body was found. Since police did not take action on the complaint of his son, a complaint was filed and FIR was registered. According to the appellants, the deceased could not have committed suicide and there was foul play in the incident. Respondent Nos. 1 to 3 were holding high offices in the Government of Karnataka and local investigation may not be fair.