GIRIMALLAPPA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The sordid narration of the petitioner's woe is that his daughter, Sunita, studying in 9th standard, was kidnapped by the respondent No. 5 with the assistance of the respondent Nos. 6 to 9 on 19.04.2014. The petitioner lodged the complaint with the Police. As no tangible progress was being made in the investigation, he took up the issue with the Deputy Commissioner, Minster for Women and Child Development and finally with the Office of the Chief Minister. As these endeavors of the heart -broken father did not lead him anywhere, he has filed this petition.

(2.) Sri Basavaraj R. Math, the learned counsel for the petitioner submits that the Police have just registered Crime No. 83/2014 against the respondent Nos. 5 to 9 for the offence punishable under Sec. 363 read with Sec. 149 of IPC. He submits that the Police have not shown any progress in tracing out the minor girl (aged 15 years at the time of kidnapping) and nabbing the accused No. 5. He relies on the Hon'ble Supreme Court's decision in the case of Mithilesh Kumar Singh vs. State of Rajasthan reported in : (2015) 9 SCC 795 to advance the submission that it is appropriate if the matter is investigated by the Central Bureau of Investigation.

(3.) Sri R.V. Nadagouda, the learned Additional Advocate General appearing for the respondent Nos. 1 to 4 submits that the Police have been doing everything in their prowess to trace the minor girl. He would submit that just because the girl is not traced, it cannot be concluded that the investigation is not satisfactory. He submits that the change of Investigating Agency is not warranted in a case of this nature. He relies on the Apex Court's judgment in the case of State of West Bengal and others vs. Committee for Protection of Democratic Rights, West Bengal and others reported in : (2010) 3 SCC 571 to advance the submission that another Investigating Agency cannot be directed to conduct investigation for the asking. He submits that the power to refer the investigation to the C.B.I. must be exercised sparingly, cautiously and in exceptional circumstances.