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
June 26,2020

Bengaluru, Jun 26: Karnataka recorded 445 new Covid cases, majority of whom were contacts of earlier positive cases, breaching the 11,000 mark to settle at 11,005, an official said on Friday.

"New cases reported from Thursday 5 p.m. to Friday 5 p.m., 445," said a health official on Friday.

In the past 24 hours, 10 patients succumbed to the virus in Karnataka, three in Bengaluru Urban and one each in Kolar, Dharwad, Shivamogga, Bagalkote, Bidar, Kalaburagi and Ballari.

Like everyday, contacts of earlier cases outnumbered domestic returnees in the number of infections, constituting 39 per cent.

Positive cases with domestic travel history numbered 65, a mere 15 per cent and majority to Maharashtra.

There were also 21 cases with international travel history to countries like Oman, Qatar, Saudi Arabia and Dubai.

On Friday, cases spiked in Bengaluru Urban, Ballari, Kalaburagi, Koppal, Dakshina Kannada, Dharwad, Raichur, Gadag, Chamarajanagar, Udupi, Yadgir, Mandya, Uttara Kannada, Bagalkote, Shivamogga, Kolar and Mysuru.

Among the new cases, Bengaluru Urban accounted for 144, followed by Ballari (47), Kalaburagi (42), Koppal (36), Dakshina Kannada (33), Dharwad (30), Raichur (14), Gadag (12), Chamarajanagar (11), Udupi (9), Yadgir (7), Mandya, Uttara Kannada, Bagalkote, Shivamogga and Kolar (6 each).

Mysuru (5), Chikkamagaluru and Kodagu (4 each), Hassan and Bengaluru Rural (3 each), Vijayapura, Tumkur and Haveri (2 each) and Bidar, Belagavi, Davangere, Ramanagara and Chitradurga (1 each).

As many 144 patients are suffering from Influenza-like Illness (ILI) and 19 from Severe Acute Respiratory Infection (SARI).

In all, 5.68 lakh samples have been tested so far, of which 5.41 lakh tested negative.

Meanwhile, 178 patients are admitted in the ICU.

Of the total 180 deaths, Bengaluru Urban has accounted for 81, followed by Bidar (16), Kalaburagi (15), Ballari (9) and Dakshina Kannada (8), among others.

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News Network
July 23,2020

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

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News Network
March 3,2020

Bengaluru, Mar 3: Chief minister BS Yediyurappa on Monday introduced the Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2020, in the assembly to give voters the opportunity to reject candidates in civic polls.

The bill, if passed, will enable election officials to offer the NOTA option in the elections to municipal corporations on the lines of assembly and Lok Sabha polls.

An amendment bill which seeks to enable the government to set up a separate university for the districts of Raichur and Yadgir was also tabled. The government said the workload of Gulbarga University necessitated creation of a separate university for the two districts, a move that will also help reduce regional imbalance in Kalyana Karnataka region.

Another amendment bill seeks to allow industrial units, which have failed to start operations on allotted land after seven years, to sell off the parcels to another unit. Bills which empower authorised agencies to regulate turf clubs and horse racing and regulate salary and pension of teachers in higher education institutions were also introduced in the assembly on Monday.

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