TUNGAMMA W/O NINGANAGOUDA GOUDAR Vs. UNION OF INDIA, REP BY SECRETARY, DEPARTMENT OF PERSONNEL, NEW DELHI

JUDGEMENT

(1.) I have heard the arguments of the petitioners' counsel and respondents' counsel.

(2.) These two petitions are filed by the mother and the brother of the deceased Yogeshgouda Goudar seeking writ jurisdiction under Articles 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C. seeking relief of issuing writ of mandamus directing the respondent Central Bureau of Investigation to investigate the murder of Yogeshgouda Goudar and submit report and to take action as per the law and further writ of mandamus directing respondent Nos.4 and 5 to initiate action against all the erring Police Officials who shielded the respondent No.10-Vinay Kulkarni and other culprits in the conspiracy of murder of Yogeshgouda Goudar and issue any other order or direction which this Hon'ble Court deems fit under the facts and circumstances of the case.

(3.) In the nut-shell, the case of the petitioners that Yogeshgouda Goudar is the elected member of Zilla Panchayat, Dharwad from Hebballi Constituency and respondent No.10 is the sitting Member of Karnataka Legislative Assembly from Dharwad Rural Constituency and he is the Minister of Mines and Geology, Government of Karnataka and he is the In-charge Minister of Dharwad District. There was a political enmity between them and the same is exposed in a meeting dated 23/4/2016, regarding supply of drinking water in the District which went to an extent of addressing each other in unparliamentary words. The other contention that one alleged agreement of sale was executed between accused No.1 and Nagendra Todakar, who is a witness in the charge sheet and though the deceased neither interested nor having an intention to purchase the said land, the Investigating Officer willfully not enquired in these aspects and not recorded the statement of the complainant and also not investigated about the source of sale consideration and the said alleged document was totally created to narrate a story to the said murder and as a tool to escape from the clutches of law and alleged document came into existence on 24/5/2016.