IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO. 15134 OF 2019 (GM-RES) BETWEEN:
SMT SHARADAMMA AGED 43 YEARS WIFE OF LATE SRI KRISHNAPPA NOW RESIDING AT NO.130/1, 7TH CROSS, BHOVIPALYA, MAHALAKSHMIPURAM, BENGALURU 560 086.
(BY SRI G.R.MOHAN, ADVOCATE) AND 1. STATE OF KARNATAKA BY IT CHIEF SECRETARY VIDHANSOUDHA BENGALURU 560 001.
2. ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT VIDHANASOUDHA BENGALURU 560 001.
3. STATION HOUSE OFFICER SRIRAMPURAM POLICE ... PETITIONER BENGALURU CITY BENGALURU 560 021.
4. THE PRESIDENT JANATHA DAL (SECULAT) JP BHAVAN 19/1 PLATFORM ROAD, SESHADRIPURAM BENGALURU 560 020.
5. SRI RAJENDRA AGED 53 YEARS SON OF LATE SRI. D. MINISWAMY R/AT NOJ80, 3RD MAIN L.N. PURA, SRIRAMPURA, BENGALURU 560 021.
... RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R1-R3 SRI M.A.VENUGOPAL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE UDR 'B' REPORT IN UDR NO.017/17 UNDER REFERENCE UDR/CR/400/17-18 DATED 02.10.2017 ANNEXURE-E AND ORDER FOR REINVESTIGATION INTO THE DEATH OF THE PETITIONER'S HUSBAND SRI KRISHNAPPA ON 03.05.2017; DIRECT THE RESPONDENTS TO PAY MONETARY COMPENSATION TO THE PETITIONER TO BE DETERMINED BY THE R-1 AND 2 DUE TO MISCEHIEVOUS OR MALICIOUS INTENT ON THE PART OF THE RESPONDENTS IN TERMS OF ARTICLE 21 OF THE CONSTITUTION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has presented this petition seeking a writ of mandamus to quash UDR ‘B’-report in UDR NO. UDR/CR/400/17-18 dated 2.10.2017 (Annexure-E) and for re-investigation into the death of her husband Krishnappa on 3.05.2017; and for monetary compensation to be determined by 1st and 2nd respondents.
2. Sri.G.R.Mohan, learned advocate for the petitioner contended that petitioner’s husband was working as a construction labourer. He died due to injuries sustained during the course of his work. Police have filed instant report seeking closure of the case on the ground that petitioner’s husband had died due to lung disease. He submitted that the statements of one Rajendra, who is the contractor, a co-worker Chinnappa and one Ranjith Kumar, an independent witness produced as Annexures-C1, C2 and C5 show that Krishnappa had sustained injuries. He argued that combined reading of Annexures-C1, C2 and C5 clearly show that cause of death is not lung disease as alleged by the police. Therefore, he contended that the matter requires reinvestigation.
3. Sri.Nageshwarappa, learned HCGP adverting to the post-mortem report submitted that the death of Krishnappa is due to respiratory failure as a result of chronic lung disease. He submitted that the said post- mortem report has been issued by the Professor in the Department of Forensic Medicine, Victoria, Bowring and Lady Curzon hospitals, Bangalore Medical College and Research Institute, Bangalore. He further submitted that the contents of Annexures-C1, C2 and C5 clearly show that the deceased had fallen on the road in Hanumanthappa colony. Contractor-Rajendra and co- worker-Chinnappa, in their statement have stated that while the deceased was going to have his lunch, he had fallen and sustained some injuries. Learned HCGP submitted that the cause of death having been clearly mentioned in the post-mortem report, no further investigation in the matter is necessary.
4. I have carefully considered the rival contentions and perused the records.
5. Annexures-C1, C2 and C5 are the statements of the contractor, co-worker and an independent witness respectively. It is stated in their statements that the deceased had fallen on the road at Hanumanthappa colony. He was taken in ambulance to Victoria hospital. Post-mortem report has been issued by the Professor, Forensic Medicine, Bangalore Medical college and Research Institute, Bangalore. The opinion about cause of the death of Krishnappa recorded in the post-mortem report shows that death is due to respiratory failure as a result of chronic lung disease. Based on the said report, the police have filed instant report stating that the victim had died due to respiratory infection. It is petitioner’s case that cause of death is due to the injuries sustained and not by respiratory failure. Sri.Mohan, learned advocate strenuously contended that the victim sustained injuries while he was working. However, statements at Annexures-C1, C2 and C5, upon which strong reliance was placed by Sri.Mohan show that the victim had fallen on the road. There is no other material to draw any inference contrary to the cause of death mentioned in the post- mortem report.
6. In the circumstances, petition fails and is accordingly dismissed.
No costs.
At this stage, learned advocate for the petitioner seeks leave of this Court to claim monetary compensation.
It is made clear that this order shall not preclude the petitioner from claiming compensation, if she is so entitled in law from any person or authority.
Sd/- JUDGE ln.