The Supreme Court in the case M S Radhakrishnan vs The State Of Karnataka observed and has directed the Central Bureau of Investigation [CBI] to investigate the death of a medical student in Mangaluru.
In the present case, the student, Rohit Radhakrishnan, a Keralite of AJ Institute of Medical Science in Mangalore. On 03.23.2014, his headless body was found near Tannirbhavi. It was concluded in the investigation that the death was due to an accident. Therefore, an abated charge-sheet was also filed against the deceased for the offence of rash driving and for causing death by negligence under Section 279, Section 304A of the Indian Penal Code, 1860 reading with Section 185 of the Motor Vehicles Act, 1988. Thus, the deceased father approached the Apex Court wherein seeking a direction for investigation in this matter by the CBI.
The bench comprising of Justice MR Shah and Justice MM Sundresh observed while referring to the photographs produced along with the writ petition and other materials, the court prima facie stated that this case is not being of a simple accident as opined by the Investigating Agency.
The bench observed that it being an unheard of the fact that an abated charge-sheet can be filed against the deceased who is alleged to have been killed or murdered. This court is not satisfied at all and further investigation carried out by the Investigating Agency-CID, Bengaluru. However, the truth needs to come out after thorough and proper investigation by the Investigating Agency.
The court while directing the CBI for investigating in the present matter, the court stated that the Investigating Agency – CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and trying to find out the truth. The abated charge-sheet filed against the deceased was also set aside by the court.
The bench stated that the CBI, Bengaluru, Karnataka is expected for concluding the investigation as early as possible, the court while considering the fact that the incident is of 2014 and the petitioner-father of the deceased is waiting for the justice.
Accordingly, the court directed CBI to file periodical status report before the High Court in every two months on the further investigation which is being carried out. Further, it has also been directed by the court that the CID, Bengaluru to pay costs of Rs.1,00,000/- to the petitioner- M S Radhakrishnan.