NANJAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER Sri Nanjaiah is seeking for a CBI investigation to investigate the offences said to have been committed by the accused for offences punishable under Sections 302, 384, 324, 325, 307, 364, 365, 285, 386 and 352 r/w Sections 34 and 149, IPC.

(2.) PETITIONER is the father of one Dr. N. Shivkumar. According to petition averment a gruesome murder was committed and the body was found on the railway track near Naguvanahalli, Srirangapatna taluk. Petitioner's son Dr. Shivakumar married Kum. Prabhavathi eldest daughter of Sri Rachaiah, Inspector of Police (Traffic) attached to Devaraja police station, Mysore. Marriage took place on 28-5-2000. Smt. Prabhavathi joined here husband Dr. Shivakumar in Bangalore. A function was arranged on 30-5-2000 by petitioner at Bangalore and on the said day Rachaiah, took along with him Dr. Shivakumar and Prabhavathi to Mysore. Prabhavathi consumed poison at the residence of her father and the reason for the said act is on account of the marriage that had taken place against her wishes. She was admitted, to the hospital. Thereafter on 31-5-2000 some persons known to Mr. Rachaiah created a ugly scene in the house of petitioner and caused damage to petitioner's son and other family members and doors, windows etc. , of the petitioner's house. The matter was reported to police station at Chamrajpet police station. No action was taken by the police authorities. Petitioner has also narrated the ill-treatment meted out to members of his family at the instance of Mr. Rachaiah and his associates. On 1-6-2000 petitioner's son proceeded to Mysore to know whereabout of his mother and brother in a vehicle. He was told on the said day his wife Prabhavathi is dead. His son late Dr. Shivakumar started sobing for the loss of his wife. He wanted to die on the said day. However, on account of this act he was admitted in a hospital at Bangalore. On 1-6-2000 Mr. Rachaiah sent two plain cloth police men to cause harassment. Thereafter they caused several difficulties to the petitioner. According to petitioner averments when Dr. Shivakumar was undergoing treatment at Bangalore he was forcibly got discharged by Rachaiah and was taken along with him. The whereabouts of Dr. Shivkumar was not made known to the petitioner. Representation was made to the police at Bangalore. A case was registered in Crime No. 149/2000 of Chamrajpet police station, Bangalore. On 11-6-2000 petitioner received a telephone call and was told that a dead body was found near railway track near Srirangapatna. He was to identify the dead body. Lateron he went to Mysore and identified the body as his son. In these circumstances petitioner submitted a complaint on 12-6-2000 for an appropriate action in terms of criminal law as applicable to this case.

(3.) PETITIONER also says that Mr. Rachaiah is closely known to the Minister of Education in Bangalore Sri Vishwanath and according to him that no justice would be done on account of nearness of Rachaiah to the said Minister. He made a request to get the same investigated by COD. Petitioner in the lengthy petition states that facts of the petition would show that he is not likely to get justice in the hands of police authorities. In these circumstances he wants to CBI enquiry on the facts of this case.