Padmapriya ‘suicide’: Setback for former Udupi MLA Raghupathi Bhat as SC sets aside HC order

News Network
September 18, 2017

Udupi, Sept 18: In a major setback to BJP leader and former Udupi MLA Raghupathi Bhat, the Supreme Court has set aside the 2014 order of the Karnataka High Court, which directed a trial court in Udupi to order further investigation against Athul Rao on charges of abetting Padmapriya, wife of Mr. Bhat, to commit suicide, adultery and enticing a married woman. Athul was a close friend of Padmapriya.

A Bench, comprising Justice Dipak Misra (as he then was) and Justice A.M. Khanwilkar, in its August 18, 2017 verdict, allowed Athul’s plea and set aside the High Court’s September 16, 2014 order.

Also, the Supreme Court directed the Udupi trial court to conclude within six months the trial of the case against Athul.

The police had filed charge sheet against Athul under Sections 417, 465, 468 and 471 of the Indian Penal Code accusing him of cheating and forgery in connection with his actions of procuring several official documents, including the rent agreement for a flat in New Delhi, where Padmapriya allegedly committed suicide on June 14/15, 2008.

The charges were based on fraudulent information and false representations made by Athul to show that Padmapriya was his lawfully wedded wife. Athul’s claim was that he had only helped Padmapriya, “on her request,” to come out of her marital house.

Not satisfied with the charge sheet filed by the police in August 2008 and the supplementary charge sheet in July 2009, Mr. Bhat had filed a private complaint against Athul before a magistrate court in Udupi making allegations under Sections 497 (adultery), 498 (enticing or taking away or detaining with criminal intent a married woman) and 306 (abetment to suicide). The magistrate court had ordered a separate investigation based on Mr. Bhat’s complaint.

However, Athul moved the High Court challenging the probe ordered on Mr. Bhat’s complaint.

And the High Court quashed the investigation ordered by the magistrate but allowed Mr. Bhat to file an application seeking further investigation before the trial court, where the police had already filed the charge sheet against Athul. The High Court had asked the trial court to consider Mr. Bhat’s plea “in accordance with the law.”

The trial court, after hearing Mr. Bhat’s application, on August 7, 2014 rejected his plea for further investigation while observing that “investigation officer had probed the case from all angles in the context of allegations in the complaint” besides making it clear that additional charges could be framed against Athul if any evidence is revealed during trial.

This made Mr. Bhat to move High Court against rejection of his plea for further probe. The High Court, in its September 16, 2014 order, allowed Mr. Bhat’s petition and directed the trial court to order further investigation.

But Athul moved the Supreme Court, which on February 2, 2015 stayed the High Court’s order related to further investigation.

In its final order, the apex court held that the High Court “committed manifest error in interfering with the discretionary order passed by the trial court, which had rightly, giving proper reasons, rejected Mr. Bhat’s plea for further investigation.

Comments

Kalandar Manna…
 - 
Tuesday, 19 Sep 2017

Raghupathi Bhatta has to be punished, The law should be same for all.

Danish
 - 
Monday, 18 Sep 2017

Mr. Raguphathi bhat is innocent and the rest god knows.

Truth
 - 
Monday, 18 Sep 2017

Yeddyruappa also claimed innocence for his wife's death

Unknown
 - 
Monday, 18 Sep 2017

Will never get justice

Suresh
 - 
Monday, 18 Sep 2017

Nothing new in this?  Dirty law of India

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News Network
January 1,2020

Bengaluru, Jan 1: Karnatak Deputy Chief Minister Govind Karjol has said that the state government wrote to the Centre to fix the technical glitches in FASTag system.

"We have brought this issue to the notice of Union Minister Nitin Gadkari," he told reporters on Tuesday.

In response to the flood relief by the state government, Karjol said that the approximate cost of roads damaged in the floods was Rs 7000 crore and the government would take up the repair works soon.

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News Network
July 18,2020

Bengaluru, Jul 18: Bringing a major change in the  administration of Bengaluru, which has emerged as a Covid-19 hotspot, the state government on Saturday transferred B H Anil Kumar out of the BBMP and brought N Manjunath Prasad to take his place. 

Manjunath Prasad, who headed the Bruhat Bengaluru Mahanagara Palike (BBMP) before being replaced by Kumar, will take over with immediate effect. The government has also placed him in concurrent charge of the Revenue Department as well as the Disaster Management, Bhoomi and UPOR.

Kumar, an Additional Chief Secretary, has been put in a place where earlier a secretary was posted. He now heads the Department of Public Enterprises. The posting would have brought him two spots down had it not been for the government upgrading it to the level of additional chief secretary. 

Anil Kumar, who was earlier praised for his work to contain the coronavirus pandemic, had faced criticism by the High Court of Karnataka for the BBMP's failure to help people in containment zones as well as other issues on the spread of the pandemic. 

Sources in the government said, pressure has been building up against Anil Kumar over the last two months after most of the Bengaluru MLAs complained to the chief minister's office.

"No MLA backed him. Everyone had a problem," a source said. 

Things came to the head with regard to a Rs 436 crore project given to KRIDL. "The issue reached the chief minister's office as all the MLAs took an issue with the way the project was awarded," a source said. 

Another source said that Kumar came under fire after a central team flagged the issue of failing Covid-19 surveillance measures in Bengaluru. The central team's criticism, it is widely believed in the government, came as the last straw. 

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News Network
March 2,2020

Bengaluru, Feb 2: The monthlong budget session beginning on Monday, which will mark BS Yediyurappa’s maiden budget in his fourth term as chief minister, is expected to be a fiery one.

The opposition JD(S) and Congress have already threatened to stall proceeding until BJP legislator Basangouda Patil Yatnal apologises for his controversial remarks against freedom fighter and centenarian HS Doreswamy. Yatnal had called him a fake and a Pakistani agent.

Disruptions are also likely to pose a threat to speaker Vishweshwar Hegde Kageri’s novel idea of having a two-day discussion on the Constitution of India to commemorate 70 years of the country’s Independence.

Both opposition parties have scheduled legislature party meetings early on Monday and they could coordinate on issues on the floor of the house to put the BJP — especially Yediyurappa — on the backfoot.

Yatnal is not known as a “hardliner”, but his attack on Doreswamy has garnered support from several ministers including CT Ravi, KS Eshwarappa and V Somanna. Yediyurappa may have a hard time defending his party’s line.

The BJP is yet to schedule its legislature party meeting, but MLAs suggest the party will allow the issue to be raised and debated in the legislature. “Both have expressed their point of view. Let there be a discussion on the matter, but not allowing the house to function will only be a waste of the state’s time and money,” said deputy chief minister CN Ashwath Narayan.

Besides the Doreswamy issue, Yediyurappa will also deliver his reply — postponed from February 20 — to the debate on the governor’s address. The issue of student Amulya Leona Narona’s arrest on a charge of sedition, the Bidar sedition case involving a parent of a school student, pro-Pakistan writings on walls in places in north Karnataka, introduction of NPR and the anti-CAA stir is also likely to feature during the lengthy session.

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