M.MANJULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question orders dtd. 21/2/2022 and 10/3/2022 passed by the XXIX Additional Chief Metropolitan Magistrate, Bangalore in P.C.R.No.51691 of 2020 directing further investigation to be conducted by a different Investigating Officer (HAL Police Station), other than the one who had filed a report before the concerned Court. The petitioners have further sought a direction by way of a writ in the nature of mandamus directing handing over of the entire matter to the 9th respondent/Central Bureau of Investigation for a re- investigation/fresh investigation or further investigation. 'B' report filed before the concerned Court is also called in question.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

(3.) In the year 2016, it transpires that an income tax raid took place in the premises of late D.K.Adikeshavalu and the raid and the seizure was attributed to K.Raghunath. It is contended that K.Raghunath executed a Will on 28/1/2016 and got it registered and as per the Will the 1st petitioner was to succeed to all the properties owned by K.Raghunath. K.Raghunath had not disclosed the fact of execution of the Will to any of the private respondents herein during his life time. It appears that when K.Raghunath wanted to sell one of the properties and was about to execute a sale deed on 4/5/2019, the private respondents herein got to know of the same and the 10th respondent and his sister, the 14th respondent herein summoned K.Raghunath to the place of the 14th respondent. The 14th respondent always used to be in the hospital "Vydehi Institute of Medical Sciences and Research Centre" located in Whitefield. On being summoned K.Raghunath leaves the house on the afternoon of 2/5/2019 informing the petitioners herein that he was going to meet 10th and 14th respondents. For about two days there was no news about K.Raghunath. On 04/5/2019 two days after he had left the house, at 7.00 a.m., it is contended, that a call comes from K.Raghunath that his life was not safe. Since K.Raghunath had expressed threat to his life, the 1st petitioner sends the 2nd petitioner/son to the house of the 10th respondent to verify about K.Raghunath. The 2nd petitioner goes to the guest house of respondent No.10 situated in Whitefield and enters the guest house and sees his father hanging to a ceiling fan. This was at about 8.30 a.m. On this incident, the entire episode of crime unleashed. A statement of the 2nd petitioner/son, was recorded on the very day, who at that point of time did not suspect anyone and thought that it was an act of suicide by his father and gave a statement accordingly to the Police that he was not suspecting anyone. Based upon the said statement of the son, an unnatural death report was generated in U.D.R.No.28 of 2019 by the H.A.L.Police and the case was closed.