Karnataka High Court Grants Bail To Deputy Superintendent Of Police Booked For Abetting Lawyer's Suicide

The Karnataka High Court recently granted bail to Deputy Superintendent of Police Kanaka Lakshmi B M, who is accused of abetting the suicide of an advocate Jeeva S. Justice S Vishwajith Shetty allowed the petition filed by the police officer who is booked under sections 7(a) of the Prevention of Corruption Act and Section 108 of BNS, 2023."SPP has fairly brought to the notice of this Court that investigation of the case is already completed and draft charge sheet is prepared and submitted before this Court in compliance of the order passed in Crl.P.No.12695/2024. He also has submitted that State Government has also granted sanction as provided under Section 218 of BNSS, 2023, to prosecute the petitioner and therefore, charge sheet will be filed before the jurisdictional Court forthwith. The maximum punishment for the alleged offence is imprisonment for a period of ten years. Since the petitioner is a Government Servant there cannot be any apprehension that she is likely to flee away from justice," it noted.Jeeva S was arraigned as an accused in the alleged misappropriation of funds case in regards Karnataka Bhovi Development Corporation. The petitioner was investigating the case. It is alleged that the deceased was harassed and ill-treated by the petitioner under the guise of interrogating her. On November 22, 2024 alleging that the investigating officer has meted out such torture upon her, and after penning down a suicide note running into 13 pages, the advocate had committed suicide. The petitioner had argued that the material on record does not make out a prima facie case against her for the offence punishable under Section 108 (Abetment of suicide) BNS.It was argued that in the suicide note of the deceased, she had not made any allegation of demand for bribe by the petitioner and it is only an improvement made in the complaint. Moreover, the petitioner is a married lady working as Deputy Superintendent of Police, in the Office of CID at Bengaluru. Since, the Investigation is already completed and her custody is no more required, the petitioner's counsel said. The prosecution and complainant (sister of deceased lawyer) opposed the plea submitting that material on record would go to show that the deceased was harassed and ill-treated by the petitioner under the guise of interrogating her. It was argued that the deceased had left a detailed suicide note which clearly makes out a case against the petitioner. She being a police officer if released on bail the chances of her manipulating the records or tampering with the prosecution witnesses cannot be ruled out, it was argued. FindingsPerusing the material on record the court noted that the deceased lawyer was arraigned as an accused in Karnataka Bhovi Development Corporation case and an amount of more than Rs.10 crores, allegedly was transferred to the deceased's account.It noted that the deceased had earlier approached the high court alleging torture being meted on her by the petitioner who was the investigating officer in the Bhovi Corporation case, and on directions of the court the probe was directed to be video graphed.It said “The deceased had appeared for interrogation armed with an order from this Court and if there was any excuse during the course of interrogation, the same could have been always brought before this Court.”Further, it perused the transcription of the conversation between the accused and deceased which was videographed as ordered by the court and said, “There is no such material available in the said transcription of conversation which can be considered as an instigation or abetment for the deceased to commit suicide. It is alleged that recording of videograph was stalled/stopped at different levels and allegation against the petitioner is that whenever she had physically tortured or ill-treated the deceased and the co accused, recording of video was stopped. The same is only an assumption and at this stage, there is no concrete evidence in support of this allegation made against the petitioner.” Referring to the draft chargesheet submitted by the police to the trial court, it said “Perusal of the draft chargesheet would show that the alleged offence punishable under the provisions of the Prevention of Corruption Act, 1988, has been dropped against the petitioner and charge sheet is now prepared only for the offence punishable under Section 108 of BNS, 2023.” The court also referred to the psychological autopsy report which was undertaken on the deceased and said, “Psychological Autopsy Report suggests the deceased was concerned about her sister getting embroiled in the Bhovi Development Corporation case.” Following which it held, “Investigation in the present case is now completed and the chargesheet is already prepared. I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.” Allowing the petition the court directed the accused to be released on bail on execution of...

Karnataka High Court Grants Bail To Deputy Superintendent Of Police Booked For Abetting Lawyer's Suicide

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