Representative image showing a police officer.
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Mysuru: In a report submitted to the court on Thursday by Mysuru district SP, N Vishnuvardhana regarding Investigation Officers filing a charge sheet, the IOs defended themselves saying they filed the charge sheet based on the evidence they found. The case pertained to a missing woman Mallige who was presumed to be murdered by her husband (a tribal man) named Suresha.
Mallige was later found to be alive and well.
Fifth Additional District and Sessions Judge Gururaj Somakkalavar observed several lapses in the investigation and filing of charge sheet.
He reprimanded the CPI of Bylakuppe B G Prakash nd PSIs of Bettadapura Police station Mahesh Kumar and Prakash M Yatthinamani and reserved the judgement in the case for April 23.
He observed that such lapses in chargesheets have become continuous and hence criminals are not fearing such institutions. Police must strive to strengthen the institution with investigative reports and scientific temperament.
Meanwhile Advocate Pandu Poojari who appeared for Suresha appealed to the Judge to lodge a suo moto case under Section 211 of IPC, against the investigating officers in the case.
Public prosecutor Yogeshwar said that in this case the accused Suresha has become a victim and appealed to the Judge to release him with honour and urged for a compensation by DLSA (District Legal Services Authority) to Suresha.
IOs in their statements to SP have justified that, since an unidentified body was found on November 12, 2020 and Suresha lodged a missing complaint on November 13, 2020—25 days gap after Mallige went missing— the police filed a charge sheet against him.
Moreover, they claim Suresha confessed to murdering his wife and Mallige's mother and son too identified her belongings.
Police also claimed in their charge sheet that due to a rift between Mallige and Suresha over suspicion of alleged illicit relationship, Suresha killed her.
However the police also said that the post mortem report stated that the cause of death could not be determined but death due to head injury cannot be ruled out.
Police claimed that the body of Mallige was eaten by animals, the Judge then asked the IOs how her clothes which were produced before the court had no damage.
Advocate B S Pandu Poojari who appeared for Suresha initially said the police sent samples of the unidentified body to FSL (Forensic Science Laboratory).
When police sent samples of the body for FSL they mentioned the name of the body as Annegowda, which the cops deemed to be an 'error'.
Mallige stated to SP that, Suresha had taken a loan of Rs 3 lakh loan in her name to buy a van to drive on rental basis.
The van was damaged after an accident and it was left at the service station. Suresha neither paid the loan nor the repair charges at the showroom.
So, she left home with Ganesha. She did not contact her family members. She did not carry any of her identity cards or belongings. When she come to Madikeri with Ganesha to go to Dharmasthala on April 1, a neighbour in Basavanahalli J M Suresha identified her.
Later Madikeri police took her to court in Madikeri and later to Mysuru, she stated.
Mallige's mother Gowri stated that since Mallige had taken loan from a self help group, as per SHG's suggestion, they lodged a missing complaint about Mallige. The couple had a cordial relationship.
She was forced to sign that the belongings shown by Bettadapura Police belonged to Mallige. Her grandson Krishna was asked to write what the police told in the complaint and she signed it without knowing what was there in it.
Mallige's son Krishna has stated that on the day Mallige left home she called and informed she would not come home again.
Mallige told the DH that she was not aware that Suresha was in jail in her 'murder' case. Suresha and Mallige's mother Gowri claimed that they knew Mallige was alive, but didn't know where she was.
Mallige, Suresha's wife, went missing on October 19, 2020. A missing complaint was registered at Kushalnagar police station.
Meanwhile, Bettadapura Police of Periyapatna taluk found the skeleton of a woman on November 12, 2020. They secured Suresha and asked hime identify the belongings.
The took signatures on written statements from Mallige's mother Gowri and her son that the belongings of the deceased skeleton were that of Mallige.
The police filed a report on a complaint by Mallige's son Suresha and booked him under section 302 and 201 of IPC on July 18, 2021.
Suresha's bail plea was rejected in December 2022 in the lower Court. After Suresha's father Gandhi approached Advocate Pandu, he filed a bail petition in the High Court in 2023 and Suresh was released in September 2023.
On April 1, Mallige was seen in a hotel in Madikeri. Advocate Pandu submitted facts to Court on April 2. Court summoned Mallige who appeared before Court on April 3. Court had sought a report from Mysuru SP regarding lapses by IOs in investigation of the case by April 17.