B. N. MEENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are the sisters of the deceased Sudha who are before this court for writ of mandamus directing respondents to investigate the death of Sudha on 11.02.2013 at Shivamogga either by COD or appropriate authority in the interest of justice.

(2.) It is the case of the petitioners that they are from 'Bunts' community hailing from Dakshina Kannada. They are children of Narayana Rai and Seethamma Rai. Narayana Rai and Seethamma Rai had three daughters by name Meena, Prema and Sudha. Sudha was working in Mudigere. She was hale and healthy aged about 40 years during 2013. One Ravi Kumar through Hanumanthappa introduced himself as a man of her community and introduced him as a Bachelor and thereby induced Sudha to marry him. Accordingly marriage was performed on 21.06.2006. At the time of marriage petitioners mother has given 200 grams gold ornaments and a sum of Rs.1,00,000/- as demanded by said Ravi Kumar and deceased Sudha and Ravi Kumar were not at all leading a happy married life. She was tortured for dowry by Ravi Kumar from the beginning. The petitioners mother out of fear had given Rs.3,00,000/- additional amount and he was demanding money time and again from deceased Sudha. It is also contended that the deceased Sudha and Ravi Kumar were residing at Mudigere till her death. It is informed by Sudha to the petitioners on 09.02.2013 that she was not well because of the medication given by said Ravi Kumar in a remote village. She was actually vomiting and immediately she intended to get admitted to hospital for treatment. Ravi Kumar offered himself to get better medication at Shivamogga. Thereafter there was no communication. Till 11.02.2013 she was not at all admitted to hospital though Sudha and Ravi Kumar left to Shivamogga for getting admitted. It appears he has taken Sudha to Shivanakollalur near Santhebennur instead of getting admitted to hospital. Her whereabouts were not at all known to anybody. Even on 11.02.2013, though the doctors at Heart Foundation, Shivamogga advised to get her admitted to Nanjappa hospital, Shivamogga immediately, the said Ravi Kumar did not bring and admitted to hospital nearly for two hours after discharge from Heart Foundation even though 1 Km away from the hospital. When she was brought to Nanjappa hospital and without giving treatment she died. The hospital authorities appears to have informed the police that she died of Asthma without even giving her treatment. Under this suspicious circumstance she died on 11.02.2013.

(3.) It is further case of the petitioners that deceased Sudha died at hospital, Shivamogga and petitioners had noticed froth in mouth of deceased when she was brought to hospital. There was manipulation of the post mortem report also. Petitioners have given statement before the Jayanagar police station complaining that the death was not natural death and also given address of Ravi Kumar was that of Santhebennur. The police at Jayanagar, Shivamogga has transferred it to Santhebennur Police station and they approached and got the post mortem. The said Ravi Kumar deliberately gave the address as Santhebennur only to manipulate the death though he never resided at Santhebennur. The jurisdictional police, Mudigere where deceased was residing questioned the antecedents of Ravi Kumar and Hanumanthappa but did not investigate properly though repeated requests were made by the petitioners. Meanwhile act of cheating that was unearthed by the petitioners is firstly Ravi Kumar was not a Bachelor and not a man of their community. Ravi Kumar was married to Rajeswari and was having two children from their wedlock and he belongs to Bhovi SC Community. There was no divorce of the first marriage. The report of Head Mistress New Pioneer's High School, Bangalore-72 dated 10.01.2014 indicating date of birth of two children and the caste and the mother's name and family tree produced at Annexures- C and D respectively. Ravi Kumar is not son of Narayana Shetty, even the ration card produced is falsely claimed as son of B.L.Seethamma instead of son-in-law. The entire act of Ravi Kumaraccused commencing from the marriage of Sudha till her death is suspicious and nothing but cheating. Investigation conducted by Mudigere Police, Chikkamagaluru is incomplete and they deliberately shielded the accused and there was no proper investigation etc. Therefore they are before this court for the relief sought for.