LAWS(KAR)-2001-8-53

CHAMPABAI Vs. STATE OF KARNATAKA

Decided On August 18, 2001
CHAMPABAI Appellant
V/S
STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT Respondents

JUDGEMENT

(1.) ORIGINALLY this Writ Petition was filed by the first petitioner, who is the mother of late kamalakar, seeking a direction to the first respondent State of Karnataka to award compensation of rupees five lakhs towards the death of her son while in police lock-up. Subsequently, the 2nd petitioner, who is the younger brother of the deceased has been impleaded.

(2.) IT is alleged that the deceased Kamalakar dies in the Station Bazaar Police Station at Gulbarga while in lock-up on 19-6-1992 at the behest of one B. N. Palil. It is stated that the said B. N. Patil had promised to secure a job to the deceased and received Rs. 25,000/-but failed to secure the job. When Kamalakar demanded return of money, B. N. Patil, with a view to take revenge, filed a false complaint, on the basis of which a false case was registered against the deceased. In that connection, Kamalakar was shifted from one station to another and finally he was illegally detained in Bazaar Police Station from 16-5-1992 to 19-6-1992. Thereafter, his where-abouts were not known. On the basis of the complaint lodged, investigation was commenced but in view of enormous delay, the matter was entrusted to C. O. D. After investigation, charge sheet was filed in Crime No. 138/92 for the offences under Sections 344, 365, 368, 506, 302 read with 120 (B)I. P. C and the matter is pending. This petition is filed seeking compensation alleging that kamalakar dead on account of torture and harassment while in police custody.

(3.) IN the statement of objections filed on behalf of the respondents the facts as such are not denied or disputed. It is stated that charge-sheet has been filed against 22 persons and out of whom 4 persons have been discharged either by the Sessions Court or High Court and remaining 18 persons are facing the trial. It is stated that B. N. Patil is the first accused in the case and it is made clear that he is responsible for the death of the deceased in collusion with the police officers. It is stated that until the Sessions Court gives its findings as to the exact cause and reason for the death of Kamalakar; it is not possible to pay compensation. So, respondents have prayed for the dismissal of the Writ Petition.