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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Shodhan Prasad
May 14,2020

Dubai: The father of a 16-year old girl who came on a visit visa to the UAE to visit him is desperate for help as she has been hospitalised, even as he has been rendered jobless.

On February 6, Amber D’Couto flew into Dubai from Mangaluru, India, along with her older sister, Alison, 19. The girls wanted to visit their dad Vivian D’Couto who was working in an automobile company at Jebel Ali.

The father was overjoyed to meet his girls until things took an ugly turn.

Two months into her stay, Amber fell seriously ill, even as D’Couto was served a termination letter by his company.

D’Couto said his daughter, a Grade 10 student, was perfectly healthly but suddenly developed high fever and began vomiting. She was rushed to a private hospital in Qusais which could not accommodate her because of the ongoing COVID-19 situation.

On April 30, she was admitted to another private hospital in the same area. After testing negative for COVID-19 thrice, she was diagnosed with acute pancreatis and Rheumatoid fever.

While the girl remains in hospital, the bill has spiralled to over Dh50,000, D’Couto said, adding that without a job now, he had no means to pay the huge amount.

“Amber is a very sweet child and a very bright student. She was living a very healthy life prior to coming to Dubai. But she is so ill now and under round-the-clock vigil in the ICU. The treatment for her condition is very specific and costly.”

A worried man, he said: “My daughter was on a visit visa and she had no insurance. We appeal to compassionate people to help us out in this difficult hour. Due to the current situation, I have lost my job and I am unable to pay for her medical expenses. Her condition has not stabilised yet and I am taking each day as it comes. I trust the doctors to help her recover, and we hope to be repatriated to India at the earliest so she can get further medical care.”

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News Network
February 6,2020

Panaji, Feb 6: Goa Chief Minister Pramod Sawant on Wednesday told the Legislative Assembly that neighbouring Karnataka has diverted the Mahadayi river water, due to which its flow in the state has taken a hit.

He was speaking during a debate on the motion of thanks to Governor Satya Pal Malik for his address.

Goa and Karnataka are locked in a dispute over sharing of the Mahadayi river water. Goa is strongly opposing the Kalasa Banduri project proposed to be built by Karnataka on the river, which is aimed at providing drinking water to three north Karnataka districts by diverting the Mahadayi water into the Malaprabha river.

Speaking in the House, Sawant said that the flow of Mahadayi river has reduced due to the diversion of water by Karnataka.

"I am admitting that they (Karnataka) have diverted the water. We have brought it to the notice of the Union Ministry of Environment, Forest and Climate Change," he said.

The Goa government has explained to the Centre that the water which flows into the state is "not wasted".

"We have told them that the perennial flow of water is necessary for Goa's wildlife," he said.

Sawant said that his government was serious on the issue of Mahadayi.

"Mahadayi is more than a mother to me. We have not compromised anywhere on the issue. I have been associated with the Mahadayi agitation since 2000," the chief minister said.

He said the issue would be fought before the Supreme Court, where special leave petition has been filed by the state.

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News Network
April 9,2020

New Delhi, Apr 9: The Delhi Police has traced Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been on the run after an FIR was registered against him for organising a religious gathering last month despite restrictions to combat the coronavirus, sources said on Wednesday.

The cleric has been traced to Zakir Nagar in southeast Delhi, sources said.

His lawyer Tauseef Khan, however, said Saad is under self-quarantine and will join investigation after his quarantine period is over.

On March 31, Delhi Police's Crime Branch lodged an FIR against seven people, including the cleric, on a complaint by Station House Officer Nizamuddin for holding the congregation here allegedly in violation of the orders against large gathering and not maintaining social distancing to contain the spread of coronavirus.

A day later, the Delhi Police's Crime Branch wrote to Saad and others, seeking the details under Section 91 of the Code of Criminal Procedure. A second notice was also issued to him this week.

"Saad is currently under self-quarantine and will join investigation once the period of 14 days gets over," his advocate, Tauseef Khan, told PTI.

Saad's quarantine is expected to end next week.

His lawyer said a reply to the second notice will be given soon.

In an audio message last week, Saad said he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat's Nizamudddin markaz tested positive for coronavirus.

Visited by thousands last month, the Nizamudddin centre also turned out to be a hotspot for spread of coronavirus not only in national capital and country.

According to the FIR, the Delhi Police contacted the centre on March 21 and reminded them of the government order that prohibited any political or religious gathering of more than 50 people.

However, no one paid any heed to the police's direction, it said. Moreover, an audio recording purportedly of Saad was found in circulation on WhatsApp on March 21, in which he was heard asking his followers to defy the lockdown and social distancing and to attend the religious gathering of the Markaz.

On March 24, the government ordered 21-day nationwide lockdown and restricted any social, political or religious gathering.

The same day a meeting was held at Hazarat Nizamuddin police station between SHO and officer bearers of the centre.

The meeting was attended by Saad, Mohammad Ashraf, Mohammad Salman, Yunus, Mursaleen Saifi, Jishan and Mufti Shehzad and they were informed about lockdown orders.

So far, several hundred cases of COVID-19 cases across the country have been found to be linked to the Tablighi Jamaat congregation held in Delhi last month.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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