Bangalore: The Karnataka High Court has dismissed a PIL seeking a re-investigation into the Sowjanya rape and murder case. Chief Justice Prasanna B Varale and Justice Krishna S Dixit emphasized that the aggrieved party has legal recourse under the Criminal Procedure Code (CrPC) and cannot solely rely on public sentiment.
The petition was jointly filed by Girish Bharadwaj from Bengaluru, Naveen Kumar G from Belthangady, and Vinayaka Friends Charitable Trust, Puttur.
In their plea, the petitioners referred to a CBI special court's acquittal of the accused on June 16, 2023, which had pointed out shortcomings in the initial investigation and recommended disciplinary action against the responsible officers. They argued that there is widespread public demand for a fresh inquiry into the case and highlighted that no appeal has been lodged so far.
The bench responded by suggesting that the complainant has the option to file an appeal, even on the grounds of flawed investigation. Chief Justice Prasanna B Varale remarked, “This is nothing but misuse of PIL. The trial court has recorded acquittal. There are legal remedies available under the CrPC. I have not come across any judgment where PIL is entertained by the high court sitting as a criminal appellate court.”
Justice Krishna Dixit noted that allowing PILs based on public protests could set a precedent for numerous similar cases. In response, the petitioners' counsel requested permission to withdraw the PIL.
The Belthangady Police in Dakshina Kannada district had initially registered a rape and murder case on October 9, 2012, following a complaint from the victim's father. Santhosh Rao was arrested and accused of the crime. The case was transferred to the CBI in November 2013, leading to a separate FIR filed by the agency on March 7, 2014. Santhosh Rao, the sole accused, was acquitted by the trial court in June 2023.