Bengaluru: Will political, money and muscle power scuttle the investigation in the alleged Mysuru rape case? The local police have reportedly expressed their limitations in investigating the rape case of the daughter of a former IAS officer and have requested the Director General and Inspector General of Police to transfer the case to Criminal Investigation Department (CID).
The DGP (CID) Bipin Gopal Krishna has, meanwhile, reportedly informally told DG&IGP Om Prakash that he socially knows the family of the accused – the owners of Basappa Memorial Hospital (B.M. Hospital), Mysuru quite well and that his involvement in the investigation of the case may rather be ‘awkward’.
“Mr Krishna has brought to the notice of the police chief that he has known the accused – the Murthys – since his stint as Superintendent of Police, Mysuru between 1989 and 1992 and later as commissioner between 2002 and 2004. But if the government decides to transfer the case to the CID, he will have to accept the government order and initiate the investigation. He can, however, recuse himself from the case and authorise the Inspector General of Police, CID to supervise and take charge of the investigation,” said an official source. He added that there is a provision in law under which a department head can recuse from a case and authorise his junior officer to take over.
The criminal case was initially registered on April 14 by the Indiranagar police under Sections 341 (wrongful restraint), 307 (attempt to murder), 376 (rape), 498(a) (cruelty by in-laws), 114 (presence of abettor, when offence is committed) and 34 (common intent) of the Indian Penal Code along with Sections 3 and 4 of the Dowry Prohibition Act and Section 25 of Indian Arms Act against the complainant’s brother-in-law and parents-in-law. It was transferred on April 15 to Mysuru because of jurisdiction reason. “The next day the Mysuru police reportedly requested the DG&IGP to transfer the case to CID,” said an official source.
He added that there are three cases against the family of the accused including the latest one of alleged rape, dowry harassment and domestic violence, which is pending investigation in Mysuru. Two cases were registered in February, but the police so far have not allegedly made any substantial progress in any of them.
Murthys’ bail plea to be heard today.
The petitions seeking anticipatory bail and interim bail for owners of Basappa Memorial Hospital, Mr C.B. Murthy and his wife Nalina Murthy, who have been accused by their daughter-in-law of dowry harassment, was put off to Saturday by Fourth Additional District and Sessions Court Judge Roopa Nayak. The bail petition of their eldest son, Prabudh Harsha Murthy, who has been accused of raping his sister-in-law when she was eight months pregnant, will be heard on Monday.
The Murthys’ plea came up for hearing first at 3 pm on Friday, but was posted to 4.15 pm after Public Prosecutor Mahanthappa sought time to file objections. When he again sought time till 5 pm, the judge posted it for 11 am on Saturday. The advocate for the Murthys, Mr Arun Kumar, requested the judge to hear at least the plea of Mr C.B. Murthy on Friday, considering that he is 75 years old. The judge told him that she would hear both the petitions on Saturday.
Though ten days have elapsed since the victim, who is the daughter of a senior IAS officer, filed complaint at the Indiranagar police station in Bengaluru, no arrests have been made in the case yet. Mysuru city police said that they have intensified the search for the accused.
Family wants case shifted from Mysuru
The family of the rape victim has sought transfer of the case from Mysuru as they fear that the complainant may not get justice from the police there. The former IAS officer, whose daughter has allegedly been raped, submitted a petition on Friday to the DG&IGP seeking immediate transfer of the case
Complainant can seek SIT, CBI probe
If the complainant fears that the investigation may not be fair and transparent then she can request the court for setting up a special investigation team (SIT) to take over the investigation since there is no legal provision for the police to set up an SIT on their own. The complainant can also seek state government’s nod for a CBI investigation
