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
July 29,2020

Bengaluru, Jul 29: State officials will conduct Common Entrance Test (CET) exam as per the instructions given by the state high court, said Karnataka deputy chief minister CN Ashwathnarayan on Tuesday.

"Officials have informed that they are all set to conduct exams on July 30 and 31. We will put this matter in front of the high court. As per the instructions of the high court, we will move forward," said Ashwathnarayan.

This comes after Karnataka High court asked the state government to reconsider the decision of conducting the CET exam.

"...I had called an emergency meeting with district collectors, officials of education, transport, health, police department. And, I took information about the preparedness for conducting the CET exam," he added.

Karnataka CET Exam is a state-level entrance exam organised for providing admissions in Engineering, Pharmacy, B Pharma and other courses offered by colleges and institutions located in the state.

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Agencies
February 8,2020

Mumbai, Feb 8: Anil Ambani, the brother of Asia’s richest man has pleaded poverty in his dispute with three Chinese banks seeking $680 million in defaulted loans.

“The value of my investments has collapsed,” Anil Ambani said, according to a court filing by the banks in a London lawsuit.

“The current value of my shareholdings is down to approximately $82.4m and my net worth is zero after taking into account my liabilities. In summary, I do not hold any meaningful assets which can be liquidated for the purposes of these proceedings.”

The lawsuit was filed by three state-controlled Chinese banks which argue that they provided a loan of $925 million to Ambani’s Reliance Communications Ltd. in 2012 with the condition that he personally guarantee the debt. The comments were disclosed on Friday as Ambani sought to avoid depositing hundreds of millions of dollars with the court ahead of a trial.

The embattled Indian tycoon says that while he agreed to give a non-binding “personal comfort letter,” he never gave a guarantee tied to his personal assets -- an “extraordinary potential personal liability.”

The 60-year-old is the brother of Mukesh Ambani, who’s worth $56.5 billion and is the wealthiest man in Asia. Anil, on the other hand, has seen his personal fortune dwindle over recent years, losing his billionaire status. His Reliance Communications filed for bankruptcy last year.

The banks asked Judge David Waksman to force Ambani to put up $656 million into the court’s account.

Representatives for Ambani’s Reliance Group said they couldn’t immediately comment. They said the group will issue a statement once the court issues the final order.

Ambani’s lawyer, Robert Howe, said the court shouldn’t order his client to make a payment he can’t make. The tycoon argues that an order requiring him to do so would hinder his ability to defend himself in the case, Howe said.

“There’s no evidence of some giant pot of gold that he can pull $1 million, let alone $10 million, let alone $100 million,” Howe said.

Bankim Thanki, an attorney representing Industrial & Commercial Bank of China Ltd., China Development Bank and the Export-Import Bank of China, said in a filing that Ambani’s statements are “plainly a yet further opportunistic attempt to evade his financial obligations to the lenders.”

Ambani was caught up in another legal wrangle last year when India’s Supreme Court threatened him with prison after Reliance Communications failed to pay Rs 5.5 billion ($77 million) to Ericsson AB’s Indian unit. The judges gave him a month to find the funds, and his brother, Mukesh, stepped in just in time to make the payment.

Anil said in a filing that he recognized that the judge would want to know if he could satisfy any order to put up funds from outside resources, including his family.

“I can confirm that I have made enquiries but I am unable to raise any finance from external sources,” he said. Judge Waksman had said in an earlier ruling that he believed Ambani’s defence would be shown to be “opportunistic and false.”

Ambani’s lawyer told the judge that as a result of the comments the tycoon’s relatives were unlikely to lend any funds.

There is a “very substantial risk they will never get it back,” Howe said.

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News Network
January 6,2020

Bengaluru, Jan 6: The city police commissioner Bhaskar Rao has ordered a special inquiry by the additional commissioner in connection with sexual harassment on a girl hailing from Kasaragod and the allegation that there were attempts to convert her to another religion.

Udupi-Chikmagalur MP Shobha Karandlaje on Sunday met Rao along with the girl and gave a complaint that two youths from Kasargod had raped her and forced her to convert to their religion.

A complaint has been filed in the Kasargod police station, but no action has been taken against them. Since both the accused work in Electronics City police station jurisdiction, she urged the police to arrest them.

Rao said he was yet to gather information about the case and he had directed the additional commissioner to conduct a preliminary investigation and submit a report.

After filing a complaint, Shobha told reporters that she has been sexually harassed ever since she was a minor. 

The MP said that the girl, who was brought from Kasaragod to Electronics City, where the accused youths run a business, was allegedly raped. “I have asked the Police Commissioner to direct the Electronics City police to register an FIR and arrest the youths,” she said.

“I have spoken to the survivor and she said that the youths were also forcing her to convert to Islam and threatened her with dire consequences if she did not,” the MP alleged.

Shobha went on to claim that there was a gang that could be operating to forcibly convert Hindu women to Islam. She also met Chief Minister B S Yediyurappa along with the girl’s family members and gave a petition.

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