IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24255 OF 2017 (GM-POLICE) BETWEEN:
MR JAYAPARVATHAMMA AGE 45 YEARS, W/O LATE K GOVINDARAJAIAH RESIDENT OF CHANDANAHOSAHALLI SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111.
(By MR. VICTOR MANOHARAN S, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE NO.1, INFANTRY ROAD, BENGALURU CITY, BENGALURU - 560 001.
3. THE SUPERINTENDANT OF POLICE RAILWAY PROTECTION FORCE, BENGALURU - 560 023.
… PETITIONER … RESPONDENTS (By MR. VIJAY KUMAR A PATIL, AGA FOR R1 TO 3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO ORDER FOR COD INVESTIGATION INTO THE DEATH OF K. GOVINDARAJAIAH, A HEAD CONSTABLE OF YESHWANTHAPUR TRAFIC POLICE STATION, BENGALURU, ON 14.06.2016 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Victor Manoharan S., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent No.1 to order for COD investigation into the death of K.Govindarajaiah, a Head Constable of Yeshwanthapur Traffic Police Station, Bengaluru on 14.06.2016.
4. When the matter was taken up today, learned Additional Government Advocate submits that the investigation has already been conducted and the final report has been filed before the Magistrate.
5. In view of the aforesaid final report submitted by the respondents in which has been found that the death of the husband of the petitioner is an accident and in view of Section 124 of the Code of Criminal Procedure, 1973, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to her under the law.
Sd/- JUDGE RV