IN THE COURT OF qyzp a SESSIONS JUDGE, aaneatty c oa Day of February 2017 7 oP) RESENT:. a SMT. B.S. REKH L Additional City ote Dated this the 7h SPECIAL ¢, NO.203/2016 COMPLAINANT: State of Karnataka By Central Bureau of Investigation, Special Crimes Branch, Rajaji Bhavan, Chennai. [Represented by Public Prosecutor, CBI, SCB-Chennai.} [Vs / ACCUSED: Santhosh Rao udhakara Rao, 38years, adurga Prasad, Near Housing Board Colony, Kukkundur Village, Karkala Taluk, Udupi District. [Rep. by Sri.Mohith Kumau Advocate Wyapplication, 3. Perused the averments made in the application, Wherein he had Specifically stated that: 1. His daughter-Sowjanya was murdered on 09- 10-2012 and he lodged the complaint, wherein initially the Belthangady Police have taken the investigation, but it was then transferred to C.LD. Police and they have conducted the investigation and subsequently the case was transferred to the C.B.I., and the C,.B.1, has filed the charge sheet against the accused without making full and perfect investigation. He also contended that already 14 witnesses have been examined before this case and2. On the date of an had taken a black uy Pw.9-Janardhan and that on 09-10-2012 towards her house and ged incident Said Sowjanya mbrella which Was seen by he has stated to that effect that Sowjanya was going she was holding the bag and. umbrella and that umbrella is not recovered and even though the bag was recovered, the books kept in it were not wet and the clothes on the dead body were also not wet, which shows that the crime was not committed in that place, wherein the body was recovered. 3. Pw.3-Vittal Gowda had stated that on 09-10- 2012 when his sister was coming to his house,she saw Dheeraj Jain, Mallik Jain and Uday Jain near the place of occurrence and they were talking thatpee se . have not investj, to thi said Yashodha. Further 1. hag underwear of Sowjanya ag, ; from the house of Pw. after Place of Bahubali Statue at Dharmastala Were accompanied by Pw, 16-Shivappa, Matakageet one Mr.Ravi Poojari and Gopela Krishna ‘Goue That Pw.16 has stated that they got Santhosh Re because he was Standing in a dark place. But he has not stated as to why they doubted or suspected him and how they came to know that he committed rape. Further Ravi Poojari had committed suicide Aya and Gopala Krishna died due to some disease. He also stated that in 2012 the C.C.TV cameras were introduced in Dharmastala and there was a light on the entry side of Bahubali hills. Further they have not got any other persons who were sitting in the dark at Dharmastala. Further he also stated that it is the opinion of people that the death of Ravi Poojari is a murder. The C.B1, had not estigated as to his death and Mallik Jain and Eth5. Pw, 12-Dr.Adam whee mortem had Stated her " Shetty, had opinea accused is suffering from Phimosis, which is relating to the skin of private Part of male person, in which the person is not able to move his skin of _ Private part Up and down easily. Further Dr.Adam did not notice any injuries on the penis of the accused. If the accused had raped the deceased, his penis would have sustained with several injuries and there should have been blood stains due to Phimosis. But there is no blood stain or the stain of sperm in the private part of Santhosh Rao, which is also not analyzed by the Investigation Officer during investigation. 6. Further Dr.Adam has stated that there was undigested food in the stomach of the deceased. However this shows that she might have consumedfood was there in the taken food around 06.00 p.m. she might have died after lapse time of consumption of food, which shows to 6 O'clock her stomach was empty and. Stated that on the date of the incident the had not taken any food till 04.00 P.m., be intended to go home for Pooja and to have there. This shows that up to 06.00 p.m., she alive and she died about 12.00 p.m. If the used picked up the deceased from the spot, then where — he kept her till 12.00 p.m., and this shows that _ there is a doubt as to whether the accused had provided food at 06.00 p.m., and did he taken the same food which are the questions remained unanswered by the Investigation Officer. Further it is highly impossible that the girl who had not consented and opposed for sexual intercourse would have consumed the food given by a stranger. This shows the involvement of some other persons in the rape and murder of the deceased is doubtfu act.did not notice the blood of deceased in the r : of accused, which shows that some other persons are also involved in the instant crime and they intentionally disappeared the evidence to conceal themselves from the scene of crime. 8. Further as per the opinion given by Pw.18- Dr. Vinod.J.Lakkappa, who is the DNA expert, who subjected the articles for examination had identified the hairs found on S|.No.15-Panche found by the Belthangady Police belongs to two different persons and also in the nail clippings of the deceased he did not notice any blood sample of the accused. If at all this accused had committed the crime, she shoulc have caused some injuries on his body through he finger nails which the DNA expert would hay noticed. If any injuries are occurred to the deceas: — wy 4 —one person involved in it. The CBI police have not Properly investigated the role of Uday Jain, Mallik Jain and Ashrith Jain of Dharmastala. The keen observation of the circumstances of the case diary and the statements of some of the witnesses recorded by the Belthangady police reveals the role. of these persons. None of the witnesses have seen the accused-Santhosh Rao in the vicinity of the place of occurrence either on the date of the incident or prior to one or two days to it. Dr.Adam intentionally omitted to collect the viscera from the dead body and he has not properly collected thi vaginal swab of the deceased which made the DN expert not to find out proper investigation. And al:scene of crime, but rhile those articles were not identifieq Thus he Tequested the Court to order investigation In this case, 4. In this case earlier an application was the complainant and this Court has passed orders | summon the additional accused, but that particular order Was stayed by the Hon'ble High Court of Karnataka and the trial could not be Proceeded with as the Court cannot decide the case against this accused because, if judgment is concluded, then the result of the application under section 319 of Cr.P.C., is of no use. The accused is continued in custody, However further proceedings of this case Was not stayed by the Hon'ble High Court of rea 10 the contenti nuon of Pw.1 that there are Serious lapses on the Part of the i C.B.L., in not conducting Proper investigation is fortheoming on record. 6 In this case all the observations made by the Pw.1 are borne out from the records and even in my opinion also there are serious lapses on the part of the C.B.1., in not conducting proper investigation. Even the doctor who had not properly observed the materials which could have thrown proper light on the case of the prosecution and the D.N.A. Expert stated about presence of hair of another person in the material lungi. The witnesses have stated that one lady-Yashodha had seen four personsThe place of arrest of the present accused is which is not Properly probed into. Furthe Present accused and he sustained injuries. 8. Further the doctor has stated to the effect that the accused is suffering from Phimosis, which is not Properly appreciated by the Investigation Officer and the doctor has stated that there was no injury to the private Part of the accused. If at all such a heinous crime according to the prosecution is committed by this accusec alone, the depth of injuries that he would have sustaineComparer Mportant aspect. is also an 9. Further al the Witnesses have stated that on the date of the alleged incident, there was Tain and the clothes of the Victim were not stained with mud and the bag was not wet, even the books were not wet. Further the underwear of the vicim was not Secured. It is also Material that the important thing which is the under wear of the victim was not found near by the dead body and the witnesses have stated that the police have collecteq the underwear from the house. This also show. the crime w, S that if at all as committed on that particular Spot, whatWas not Proper, condition He was not Secured at the place of Incident. Further the Witnesses have categorically stated that this accused was not incident. Further it is incident he ci d that four days prior to the ame to that area, th found near by the place of State en how could he Put up a hut and reside there. 11. Further in this «7 ase one girl who accompanied the deceased in the bus till her Slop was not examined by the CBI who ought t 0 have brought Some light to the case. when there js agitation in the loc al limits, the C.B.1. police ought to have probed into the m atter as to why there is so g of Bandh and agitation that the real a \ /Pé€rson. Further of the accused has to be looke dq eulprits are nor Secureq eve, was arrested by the Police ©ught to have ©nSidereg, Cthe Cy 1 The MVestigation Of the C.B.1, Shows that they have recorde, d only the Statement of the witnesses Whom they like, but they have left out the Statements Of the Materja) Witnesses Even they have not enquired the Witnesses Whose stat ‘ements was recorded by the Belthangady Police oy the Cop Proper inves This shows that the Lion IS not cone ducted by the C.B4 These are the materials on Which the ¢ BL. has ta Conduct the InVestigation because it will show Proper light on the case of the Prosecution This is not 4 simple case, but it is qa Case of brutal] rape and murder 12. Further on perusal of the medical re record, it could be gathered that it cannot be an the intention behind the ens d into. itted rape have filled the priv port on act of one smeering mind The persons who ate part of the| ll weam with mud 4nd this them is to avoid the doctor 'Mportant Point 13. The Witnesses have falegorically names of the Stated the Persons who he ’€ Committed the crime, but the C.By has not Properly Probed into that Particular aspect. Even the agit ation was continued for a long period also not considered by the of one year which js CBA. if at all there Was Nothing against this doubted Persons, then why there Was such a big hue and cry for Justice In this case all these aspects goes to show that the CBI has not Properly conducted the vestigation and this Court want to know about the finding of the C.B1., which it has to aducting Proper impartial investigation, Thusreceived some documents from a Trust Office, Nagarika Sev, Guruvayana Kere, Wherein this Particul aT case was also discussed along with other matterg Case w 'S the i hich shows that no Proper investigation is conducted by the CBI, as per the information of the local public also, 15. Further the Sessions Judge is having power to order for further investigation as provided under Section 178(3) of Cr.P.C. In this regard I rely upon the citation reported in AIR 2004 SC 2078 between Hasanbhai Valighai Qureshi Vs. State of Gujarath and Others. Hence, in my opinion the Court can order for further investigation in this tter Hence acting under Section 78(3) of Cree ma : § - CR as . into thecourt has to observethat the C.B.L, has to probe - icant? +t fair and proper investigation atter ¢ to conduct fair anc the matter and 1 i d all the observations made in this order ani ey ~ i 1 SNOYHe nce, | Proceed to Pass the following ORDER: ) The on to take this Matter on Priority basis and conduct further investigation by considering the observations made in the order and submit the report by 24-04-2017, Office is directed to intimate this order to the learned Public Prosecutor and to the CB. forth with. (Dictated to the Judgment Writer It is then corrected, signed and { court on this the 7 Day of Febr » Wanscribed by her. Pronounced by me in open uary 2017.) _(B.S.REKHA} ay L ADDL.CITY CIVIL & SESSIONS JUDGE, ON BANGALORE.