Sowjanya case: Karnataka High court declines to entertain PIL seeking fresh investigation

The Karnataka High Court in Friday declined to entertain a PIL seeking a fresh investigation or re-investigation into the Sowjanya rape and murder case.

A division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit observed that the aggrieved party has got an effective remedy under the Criminal Procedure Code (CrPC) and that it cannot go by public perception. 

The petition was filed by Girish Bharadwaj from Bengaluru, Naveen Kumar G from Belthangady along with Vinayaka Friends Charitable Trust, Puttur. The petitioners stated that while acquitting the accused on June 16, 2023, a CBI special court had noted lapses in the investigation and also said that it is a fit case to be placed before the acquittal committee for initiation of needful action against the erring officers.

The petitioners claimed that there is a public outcry and people are taking to streets demanding a fresh probe into the matter. The petitioners further stated that so far no appeal has been filed in the case.

The bench orally observed that the complainant can also file an appeal. “Appeals can even be filed on the grounds of a faulty investigation. The case may be serious but we are not going to accept such submissions. 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 judgement where PIL is entertained by the high court sitting as a criminal appellate court,” the Chief Justice said. 

To the submission that widespread agitations are taking place on the issue, Justice Krishna Dixit orally observed, “If public protest is taken as a ground, then in thousands of acquittals and even convictions PILs will be filed.” At this stage, the counsel for petitioners sought leave of the court to allow them to withdraw the PIL.

The Belthangady Police in Dakshina Kannada district had registered a rape and murder case on October 9, 2012. The complaint was filed by the father of the victim. The police had arrested one Santhosh Rao and claimed that he had committed the crime.

The case was handed over to CBI in November 2013 and a separate FIR was registered by the agency on March 7, 2014. On October 26, 2015, CBI filed the charge sheet arraigning Santhosh Rao as the sole accused. The trial court acquitted Santhosh Rao in June 2023.