Athul Rao vs State Of Karnataka

1. The appellant has been charge-sheeted for offences punishable under Sections 417, 465, 468 and 471 of IPC. The case against the appellant is that on or around 11 th June, 2008, the wife of respondent no.2, one Padmapriya, went missing from her marital home in Udupi, Karnataka. That was reported to the local police by Smt. Saraswathi (Mother of respondent no. 2), as Digitally signed by a result of which a case was registered as Crime No.109/2008 on CHETAN KUMAR Date: 2017.08.18 17:38:33 IST Reason: 13th June 2008. The police finally traced Padmapriya to a flat in 2 Dwarka, New Delhi on or around 14 th June, 2008. Thereafter, respondent no.2, along with some family members went to New Delhi and, with the police in tow, visited the said flat on 15 th June, 2008, with the intention of bringing Padmapriya back home. As the door of the flat was found to be locked, the same was broken open, whence Padmapriya’s body was found hanging inside. After investigation, the police concluded that the appellant and Padmapriya had grown close and that the appellant had convinced Padmapriya to leave her husband, respondent no.2, and live with him. The appellant allegedly concealed that he had taken Padmapriya from her marital home and shifted her to New Delhi, where he had rented out the aforesaid flat at Dwarka in which Padmapriya was subsequently found hanging. The investigation also revealed that the appellant had procured several official documents, including the rent agreement for the aforesaid flat, based on fraudulent information and false representations that Padmapriya was his lawfully wedded wife. In that regard, a charge-sheet and supplementary charge-sheet came to be filed against the appellant before the Trial Court, on 20th August, 2008 and 16th July, 2009, respectively, for offence punishable under Sections 417, 465, 468 3 and 471 of IPC. Pursuant thereto charges have been framed by the Trial Court against the appellant. However, no charge has been framed against the appellant for offence punishable under Sections 497, 498 and 306 of IPC, in relation to the actual death of Padmapriya.

The case has been set down for trial. Considering all these, it was not just and proper to direct further investigation. This opinion reached by the Trial Court was not in conflict with the liberty given by the High Court to respondent no. 2 in the earlier round of proceeding instituted by the appellant. That liberty was 19 hedged with the observation that the Trial Court was expected to consider the application in accordance with law. It was, therefore, inapposite for the High Court to conclude that in view of the liberty given to respondent no. 2 on the earlier occasion, it was necessary to issue direction for further investigation.

15. Considering all aspects of the matter, therefore, we are of the view that the High Court committed manifest error in interfering with the discretionary order passed by the Trial Court in the fact situation of the present case. In other words, the Trial Court had rightly rejected the prayer of respondent no. 2 for 20 further investigation, for the reasons noted in its order dated 7 th August, 2014.

16. Accordingly, this appeal succeeds. The impugned judgment dated 16th September, 2014, in Criminal Petition No. 5491/2014, of the High Court of Karnataka at Bangalore is quashed and set aside and instead, the judgment of the Trial Court dated 7 th August, 2014 is restored. As the criminal case is pending since 2008, we direct the Trial Court to conclude the trial expeditiously, preferably within six months from receipt of the copy of this judgment.