Karnataka Court Orders Action Against Police Officer For Registering False Murder Case, Fabricating Evidence

A session court in Mysuru has directed registration of complaint against a police inspector, Prakash.B.G, for filing a false case against a man by accusing him of murdering his wife, who was later found to be alive.

Session Judge Gururaj Somakkalavar noted that the inspector fabricated evidence, including witness statements and filed a chargesheet before the court. Remarking that the inspector misled the Court, the judge stated, “A serious action has to be initiated against CW-55 as he has fabricated the evidence, made the court part of the unfair process and misled the court. His acts constitute an offence against public justice. He has fabricated statements, mahazars just to project that the accused has killed his wife.”

The Court directed the filing of a complaint against the inspector for the offence of fabricating false evidence with the intent to procure conviction. 

“In this present case, the entire charge sheet is fabricated to implicate the accused and this is very serious. Hence, it is necessary to direct the Chief Administrative Officer, District & Sessions Court, Mysuru to file a complaint against CW-55 Prakash B.G. for the offence punishable under sections 193 and 195 of IPC (New Sec.299 and 231 of B.N.S, 2023).”

The court also directed the Inspector General of Police (Mysuru Division) to initiate departmental inquiry against Prakash and three other police officials Jitendra Kumar, Prakash.M.Yattinamani, Mahesh.B.K, attached to the Bettadapura Police Station.

The Court observed that the police officials conducted an illegal investigation and strict action needs to be taken against them. It said, “The investigating officials in this present case have conducted unfair, biased investigations. There is no doubt that the investigation report/chargesheet leveled against the accused is full of fabricated facts. There is serious lapse on the part of the investigating officer and in the present case there is an illegal investigation. The erring officials are to be dealt with stringent action who tried to derail the entire justice system.”

In view of this, the Court acquitted the accused, Suresh, charged under Section 302 IPC for murdering his wife. The Court directed the State government to pay him a compensation of Rs 1 lakh for malicious proceedings initiated against him.

Expressing sympathy with the man, the Court said “It is only because of the malicious proceedings initiated against him. He has been labeled as a murderer. He suffered humiliation in the society. The suffering days of the accused cannot be resettled now. But, he can be compensated for malicious prosecution and illegal detention. Since, on behalf of the State the malicious prosecution initiated the State has to compensate for the damage the accused has suffered. Hence, it is directed to Addl.Chief Secretary, Home Department to pay compensation of Rs.1,00,000/- to the accused. However, the authority is at liberty to recover the said amount from the erring officials during departmental action.”

Case as before the court:

As per the police, the accused suspected infidelity on the part of his wife, Mallige, and caused physical and mental cruelty to her. It was alleged that the accused took his wife to a canal, where he quarrelled with her. It was alleged that with an intention to kill his wife, he took a club lying beside and assaulted her on the head and killed her. The police further alleged that the accused hid his wife's body in a bush and also hit the club. 

As per the police, an unknown dead body found by an individual and on the same day, the accused lodged a missing complaint of his wife. However, during the trial, the accused's counsel submitted that Mallige was alive. The Judge then directed the police to produce her before the Court. On the same day, she was produced before the Court and identified by her relatives. 

The Sessions Court observed that the emergence of the accused's wife gave rise to suspicion towards the police. Pursuing the evidence, the Court noted that the police 'cleverly drafted the script' of the investigation. It said, “The creativity of the IO is so high that he built up story and written a script that these two accused and Mallige purchased tetra pack at Kadamba Bar, where they never went and came down to crime spot, drink alcohol in those tetra pack and thrown on the spot and they are found with the dead body of Mallige. So cleverly drafted the script taking out each of the details from the crime scene.”

Rejecting the investigation in its entirety, the Court observed that there was no prima facie evidence against the accused, no preliminary inquiry was conducted and he was implicated in a case built with false evidence. Refusing to accept the investigation as merely 'faulty', the Court stated that the "scripting of story fabrication of the evidence and manufacturing of documents in the scripted story" was intentional and not a bonafide mistake. 

Further highlighting that the justice system was misused in the case, the Court said, “In a case like the present, where the entire system has been misused and the courts of law are misguided. It is the duty of this court to restore the trust and belief in the justice system by rectifying the defects. The court cannot close its eyes allowing the agency to ride over and derail the entire criminal justice system."

With these observations, the Court acquitted the accused and also directed the Superintendent of Police, Mysuru to initiate an investigation in respect of the unknown dead body found.

Case Title: State By Bettadapura P.S AND Suresh @ Kurubara Suresh S/o Gandhi,

Case No: SC/292/2022

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