Karnataka High Court
The Deputy Commissioner Dharwad ... vs Shivakka W/O Basappa Kuri on 12 April, 2010
Bench: D.V.Shylendra Kumar, N.Ananda
(byJ.§.=.$he'tty~Associates for R1 to RS, 2. Majnawwa d / o Basappa Kuri, Age 20 years, R/o Amrninabhavi, Dharwad T aluk, District Dharwad. 3. Siddavva d / o Basappa Kuri, Age 17 years, R/o Arnminabhavi, Dharwad Taluk, District Dharwad. 4. Maruti s/ o Basappa Kuri, V _ Age 15 years, R/o Am»1'ni_nabhavi, Dhaxwad Taluk, Districtpiflharwad.' i V' 5. Atmananda s/ or'Basapp"a Age 11 years, R /..oi:y'A_mrnir_1abh.aVi;~y_ Dharwad Taluk, Distric--t5D'iharWadv.i' Respondents.VNo_V."_3 toI5 ar_e}'mi.Vn'orfsu " it Represented'*.by5'th_e mother ~_ .. f-- V A "" " The first r5espo'n.Vden.t.. _ ii 6. :K.S}'Tanveé3i';' M Police S1'iL3"vI,nspector, ' ~ Dhar-'wad V ' Police Station, Dh'arwad.i" y 7. . 'Human' R17 ghts Commission, New"De1hi bymits Secretary. ' * -- Respondents 'by"'3yedai."_Shehnaz, Advocate for R6, R'7~_1S€I"J€C1V:and unrepresented "This appeal is filed u/S 4 of the Karnataka High iCo"urt Act praying to set aside the order passed in W.P. No. 'g2'O3'33/2004 dated 07.12.2006. 3 This appeal coming on for hearing on interlocutory application, this day, Shylendra Kumar J ., made the following: JUDGMENT
1. This appeal 11/ S 4 of the Karnataka._I-hgh' filed against the order passed by wherein the State Gove»1'nment"._v.has to compensate the kith and kinof:deceased._lB'asappa Kuri who had been taken into 'P_oiice'l_l_cL;_stlo"dy» met with homicidal death whilst in.policiewctlstody.::_The V;c't.c?:.ceased was taken to custody he has committed becausepppsomie said to be assaulting him and l:rui.s'inVgi"l1.im:iblaclgand lblue.
2. It t'hell"'l3olice took control of an already pb"attered"l'personV,' llll i;e., Basappa Kuri, on the evening of :l2_t7l.l1l:;'2{)CVf2'~lpurporting to rescue this man from the on__slat1ghtF' of one Subhash Desai, President of Aminabhavi .A Pancliayat. It is alleged the said Subash Desai was beating l 'g_lBasappa Kuri in an inhuman way after having tied him to a *:Telephone pole in front of his house in his village. ®/ 4
3. The Version of the appellants is that the l?_olice on reaching the spot after having received informjati'o.ri;--VVthey rescued Basappa Kuri and took him to later to the hospital. It appears Zatthep Basappa Kuri to the Hospital if examined to know the inihuriesifiHvsutferedihy him due to assault Basappa Kuri had suffered few of the wound certificate iiOfficer, Government Hospital, if 'i§Ku'r1 had suffered three injuries.
1. Abr'essionV"oyer the':-knee and interior aspeal over titam . -- .tuber'or:_ity..1"' X31" '"bleeding++ Al:aressio'n.,over (R) side lambar region at L4 level . Qvixpvz". .. ..... ..
' ;* Abressio_n over ® shoulder 2" X 1/4" bleeding. 'appears the Police took him back to the Police .Statio'n--; after such examination by the Doctor at the ' 'ql-lospital and as we could see, without any rhyme or reason if " ~-"retained Basappa Kuri who had already suffered few M, 6 their bread-winner and also for causing untold anguish, agony and misery to them.
7. The Writ Petition was resisted granting any compensation in deceased Basappa Kuri. 2 2 2 V 2 The learned Single gonll the fact situation was of Hiepttra ordinaiy situation whereit is writ jurisdiction for deceased Basappa Kuri. has held that deceased Basaf;pa._l{uri"'iwfas'ineiielusive custody and control of the Police ffom~2g7i;'i1i."2oo:2;fi;§to 29.11.2002 and he had been retained fig/the Police. On 27.11.2002 Doctors on » of Basappa Kuri certified that he had suffered 'three niiri'_orVA'injuries and during second time when Basappa zvyashtaken to the hospital, he was not alive and only if ih'iis«--._deVad body had been taken to the Hospital for being ljgrnedically declared him as dead. It is a clear case where gross negligence' a.nud abuse of the power of the custody' has .resu1ted':vi1_1 due-athf of Basappa Kuri. Therefore learned it fit to fix quantum of compen'sation payable:"toil"t:he"ldth kin at Rs. 3,0o,o0<p),/.__--'_ of Rs.
l,O0,000/-- which the Assistant Commissione1"::a«s:an regard to the facts and against this order of the learned' State Government to pay a sumlof to exgratial payment of app:eal.u.
Rs. 1,OO,ClGOV/seas exlgratia, the State has preferred this heard Sri C.S. Pati-1, learned Addl. Govt. lileaderpiforffdtate Government and Sri J.S. Shetty, learned counsellappearing for the writ petitioners. The learned Addl. Govt. Pleader would very = --vehemently urge the deceased person was not exactly in the custody of the Police. The death of Basappa Kuri could not 9
10. Sri C.S. Patil, learned Government Advocate has drawn our attention to the judgment of thefialearned Magistrate in c.c. No. 666/03 in the j"veas.e registered against the Police ofticiaiau/s' épp'i2it'L1pc fgehereiriti learned Judge has opined J confinement of deceased Basiafpppa being the finding on the learnediSingl§e Judge has committed an error fgjustodial death and granting of deceased Basappa payable due to his custodialvde ii ifi "
11. In an "app'e_alV:of nature which is not an appeal eitherue,/s cr.P.c. or u/S 96 of cpc, the scope of »exarninatpion'--.of the correctness or otherwise of the order ipassedi learned Single Judge exercising extra ordiiiaiy jurisdiction under Article 226 of the Constitution, isi"-rather limited and in fact almost the scope for interference is nil.
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12. The fact that the deceased Basappap'vftIuri:Vi_was the power and control of the for two continuous days nigh.ts,'--.i.s out and it is also borne out""'o«b:y.rec.ord_V_ with homicidal death. itgs paiegijghftttteeottifthet when the deceased person hadfbeen'ifortprnedical examination on 27.11.2902, certified that he had sustained: Whereas on 29.11.2002 the Medicctl». had" that Basappa Kuri was brought'-- 'iThe Postmortem examination Reportireypealsxithiat"deceased Basappa Kuri had suffered fractures and injuries and his death was due to '2 2' _ Ashockfiandxhernorrhage.
which the deceased had suffered on be due to assault by the said Subhash Desaigt' But the subsequent facts reveal that something damaging, disastrous had happened to deceased !?Basappa Kuri while he was within the power and control of the Police. That is good enough for a writ court to exercise 9/ 11 jurisdiction to compensate thhemlgith situation where duty of the State ~:
and promote the interest7of.___its themselves should turn beating people black and blue to leauisinpg multiple fractures resulting in aphomicidal situation of this nature money definitely fails in anyway caused to the kith and kin, not onlyivtoitlie of their life support but also due to they me11tal'rshock,"*.th'e agony and the sorrow that they have to 'sufferV"d_uri'ngTithe rest of their lives, is something which is notV"arnenable for determination in terms of money. Thierevioireginv a matter of this nature there is no scope to .1rr'rerfer'e_r.§yi£irrv"the order of the learned Single Judge which in'"'our-.fo'p'inion is the proper order. The learned Single Judge V' has exercised jurisdiction for dispensing justice. €14. Be that as it may, this is not a matter either for examination or for admission in a writ appeal. Accordingly $5/, 12 the appeal is dismissed mulcting the State""'vviftb'..i__j:c'e)_st~.of Rs.10,000/--. _ .. _
15. Sri J .8. Shetty, learned counse1f3forea..vvrit- petit.io'n_ers/ respondents submitted that arnouritiiiwas year 2008 with this Court, inotlvfpaid to writ petitioners. They 1' interest though they were permitted to. interest due to practical it
16. Be"'thatj;'Writiappeal is dismissed. It is open to the draw, outstanding interest. The investment.being.'inA.thf:._ii~~hature of compensation for the rest of life,i"we______deem it proper to direct part of the ' compensation amount being invested in a term deposit in Bank. Accordingly a sum of Rs.2,00,000/--
shall" invested in any nationalized bank. The balance it 'am.oun't of Rs. 1,00,000/ -- with accrued interest shall be released in favour of the first respondent, to spend for the V' 'vvelfare of her children /other respondents. §/-
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17. The cost shall be deposited before this Co1,ir-ttwirthin six weeks from today failing which apart from-issuifig__riio_t'i'Qe to the Principal Secretary, HomehDepartrneiriti:k::ai1ii1g.Vfori explanation for non compliance,' réigistry issue a certificate for recoVeijf"Qf Cost civil Court. Registry directe:d.to"--.ensiire«thatiithe deposit made in State Bank Soudha Branch, Bangalore the very Bank at Dharwad 'fio:i'i._§hVe'iiip1ace where the writ petitioiriersi side?
19. In xview "of "'di:<,po.se:iJi 0? tide appeafl Misc. W. No. C'>O¢2_§1C)/2010"'filed for ::a1'ly hearing does not survive for . Consideratiioiri.
Sd/-
IUDGE Sd/"
TUDGE "hbvv