Karnataka High Court
Siddawwa W/O. Sidharai Gunadalgoppi vs The State Of Karnataka on 19 January, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:1265
WP No. 109660 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S G PANDIT
WRIT PETITION NO.109660 OF 2014 (GM-RES)
BETWEEN:
SMT. SIDDAWWA W/O. SIDHARAI GUNADALGOPPI
AGE: 55 YEARS, OCC: HOUSEHOLD WORK
R/O. PLOT NO. 171, VANTAMURI COLONY,
TQ ANDDIST: BELGAUM.
...PETITIONER
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF EXCISE
R/BY CHIEF SECRETARY
VIDHAN SOUDHA, BANGALORE-01.
2. THE SECRETARY TO HOME (PRISONS)
VIDHANA SOUDHA, BANGALORE-01.
3. THE ADDL. DIRECTOR GENERAL OF POLICE AND
INSPECTOR GENERAL OF PRISONS IN KARNATAKA
NO. 4, SHASHADRI ROAD, BANGALORE-9.
Digitally signed
by K M
KM
SOMASHEKAR
SOMASHEKAR Date:
2024.01.23
11:32:21
4. EXCISE INSPECTOR
NORTH ZONE BELGAUM,
+0530
M M EXTENSION, TQ ANDDIST: BELGAUM.
5. SUB INSPECTOR,
EXCISE DEPARTMENT
NORTH ZONE BELGAUM,
TQ AND DIST: BELGAUM.
6. THE CHIEF SUPERINTENDENT
CENTRAL PRISON BELGAUM.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R6)
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NC: 2024:KHC-D:1265
WP No. 109660 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO: A) DIRECTING THE
RESPONDENTS TO PAY ADEQUATE COMPENSATION FOR THE
CUSTODIAL DEATH CAUSED BY THEM TO THE PETITIONER. B)
DIRECTING THE RESPONDENT NO.1 TO HAND OVER THE MATTER TO
ENQUIRE IN TO DEATH OF DECEASED LAXMAN S/O. SIDHARAI
GUNADALGOPPI IN PURSUANCE TO THE ANNEXURE-E TO C.B.I IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, mother of deceased Laxman, is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to pay adequate compensation for the custodial death of her son Laxman and enquire into death of deceased Laxman.
2. Heard the learned counsel for the petitioner and learned HCGP for respondents No.1 to 6, perused the writ petition papers.
3. Brief facts are that, son of the petitioner one Laxman was taken to custody alleging offences punishable under Sections 11, 13, 15 read with Sections 33, 38(A), 43 of the Karnataka Excise Act, 1965. It is further stated that son of the petitioner was arrested on 14.04.2014 and he was remanded to judicial custody. While he was in judicial custody, -3- NC: 2024:KHC-D:1265 WP No. 109660 of 2014 son of the petitioner died on 21.04.2014. It is the case of the petitioner that her son was beaten to death while in custody, therefore, the petitioner would be entitled for compensation.
4. Learned counsel for the petitioner specifically contends that as on the date of arrest, son of the petitioner was hale and healthy. He would submit that the post-mortem report and medical report are false, which would indicate that the son of the petitioner died due to chronic active hepatitis. Learned counsel would submit that in terms of Section 54 of Cr.P.C., examination of arrestee by medical officer is mandatory. He would submit that in the instant case, son of the petitioner, who was taken to custody and remanded to judicial custody, was not examined by the medical officer. He therefore, submits that failure to get examination of arrested person would lead to conclusion that he was hale and healthy at the time of arrest and due to police torture and severe beating, son of the petitioner has died. Learned counsel referring to post-mortem report would submit that the post- mortem report, which would indicate rigor mortis over neck, upper limbs, lower limbs, would make it clear that there were wound marks over the body and neck. Hence, he submits that -4- NC: 2024:KHC-D:1265 WP No. 109660 of 2014 son of the petitioner died while he was in custody due to torture and police have beaten him to death. Thus, he prays for a direction as prayed in the writ petition for consideration of her case for grant of compensation.
5. Per contra, learned HCGP taking through statement of objections and annexures enclosed to the statement of objections would submit that the petitioner is not entitled for any direction as prayed in the writ petitioner. Further, learned HCGP would submit that medical report clearly discloses that son of the petitioner was suffering from ill-health and he was admitted as in-patient in Civil Hospital, Belagavi. Further, referring to medical report, learned HCGP would submit that no wound mark was visible on the body of the deceased and cause of death was due to 'cardio respiratory arrest secondary to chronic alcoholic liver disease. Thus, learned HCGP prays for dismissal of the writ petition.
6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that it is not a case for issuance of a direction to the respondents to consider petitioner's case for grant of compensation. -5-
NC: 2024:KHC-D:1265 WP No. 109660 of 2014
7. There is no dispute with regard to arrest of the petitioner's son on 14.04.2014 and remanding him to judicial custody. It is also not in dispute that on 21.04.2014, son of the petitioner died while he was in custody. The only question which falls for consideration is as to whether son of the petitioner died due to his ill-health or whether he was beaten to death by police.
8. The material on record would indicate that death of the petitioner's son was due to his health condition and not a custodial death as alleged by the petitioner. Post-mortem report, which is placed on record as Annexure-R4 would state as follows:
External appearance: A male dead boy, aged about 30 years, moderately built and nourished. Rigor mortis established over neck, upper limbs, lower limbs except fingers and toes.
External injuries fractures etc.: Livor mortis established over posterior aspect of the body, reddish blue in colour with contact pallar over shoulder blades, buttacks and lividity is fixed. No demonstrable external injuries over the body.
9. A perusal of the above post-mortem report would abundantly make it clear that there are no demonstrable -6- NC: 2024:KHC-D:1265 WP No. 109660 of 2014 external injuries over the body. Rigor mortis over neck, upper limbs, lower limbs in terms of Dictionary meaning is, 'temporary stiffening of body's joint muscles after death'. Rigor mortis over neck, upper limbs, lower limbs cannot be considered as injuries over the body. Expression of 'rigor mortis' is a natural process of any dead body.
10. Final opinion of the doctor, who conducted post- mortem, reads as under:
"On reviewing the case in light of history, clinical data, report/histopathological report and post-mortem findings, I am of the opinion that the deceased by name Laxman Sidray Gundalaguppi aged about 30 years has died of "Hepato-renal syndrome added upon with chronic active hepatitis."
The above portion would make it clear that death of petitioner's son was due to chronic active hepatitis.
11. Learned counsel for the petitioner places reliance on Section 54 of Cr.P.C. to contend that when the petitioner's son was arrested, no medical examination was conducted and there is no report with regard to his health condition. Therefore, he would submit that son of the petitioner was hale and healthy when he was arrested and only due to torture and beating by -7- NC: 2024:KHC-D:1265 WP No. 109660 of 2014 the police, petitioner's son died. There is no material whatsoever on record to come to the conclusion that death of deceased Laxman was due to beating and torture by the police. Mere non-examination of a person, who is arrested, would not lead to a conclusion that if he dies in custody that is a death due to police torture and overt-act. One of the prayer of the petitioner is for direction to respondent No.1 to handover investigation of death of Laxman, son of the petitioner to CBI. Investigation to CBI is to be resorted only in an exceptional circumstance. This is not an exceptional case to refer the case to CBI for investigation, since material on record indicates that death is due to his ill-health. The alleged offences against the deceased are under the Karnataka Excise Act. No ground is made out to issue a writ of mandamus as prayed in the writ petition. Accordingly, writ petition stands rejected.
Sd/-
JUDGE JTR LIST NO.: 1 SL NO.: 20