SHRISHAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners, who are the uncle and mother of deceased-Rajakiran Sangolli, have filed this writ petition under Article 226 and 227 of the Constitution of India read with sec. 482 of Cr.P.C., with a prayer to quash the complaint dtd. 25/12/2021 at Annexure-A filed by petitioner No.2 registered in Crime No.96/2021 for the offences punishable under Sec. 279 , 304-A of IPC and direct respondent No.3-Deputy Superintendent of Police, Bailhongal, Belagavi District, to investigate into the complaint dtd. 21/1/2022 at Annexure-C and proceed in accordance with law.

(2.) It is the case of the petitioners that they are the residents of Deshnoor village of Bailhongal Taluk. Deceased-Rajakiran Sangolli was the son of Petitioner No.2-Renuka and her husband-Mallikarjun Sangolli. He studied up to PUC and was working in AEQUS factory. He was Ayyappa Swami devotee. On 24/12/2021, he participated in the Pooja ceremony of Ayyappa Swami till 9.00 pm. However that night he did not return home. After midnight, Naveen Kashappa Bagalkot came and handed over the cell phone of deceased-Rajakiran saying that deceased took his motorcycle leaving his cell phone with Naveen, but has not returned.

(3.) After due service of notice, respondent has appeared through HCGP and filed objections to the effect that based on the complaint filed by petitioner No.2, a case in Crime No.96/2021 came to be registered for the offences punishable under sec. 279 , 304-A of IPC . During the investigation, the investigating officer has taken the photographs of the spot where the dead body and the motorcycle were found. Postmortem examination was conducted. Statements of witnesses are recorded. After receipt of the complaint dtd. 12/1/2022 given by petitioner No.2, the Dy.S.P., Bailhongal, issued a memo to the investigating officer i.e. CPI Bailhongal to make special investigation team to ascertain the veracity of this complaint and file report within ten days. In the meanwhile, petitioner No.2 has given one more complaint dtd. 21/1/2022 suspecting the involvement of Naveen Bagalkot, Somalinga Kadakol and the owner of the motorcycle bearing registration No.KA-49/V-0363.