Sowjanya rape and murder case: Karnataka High Court dismisses reinvestigation petition

The Karnataka High Court on Saturday, September 9, dismissed a petition seeking a direction to the government to conduct a fresh probe by the CBI or a Special Investigation Team (SIT) under the supervision of the High Court into the Sowjanya rape and murder case.

On June 16, 2023, the CBI Special Court acquitted the arrested accused of all the charges, leading to the public raising concerns about the judgement. The court also ordered a probe against those who investigated the case for allegedly failing to collect crucial evidence in the due course of time. Following the acquittal of the accused, Santhosh Rao, in the case, the public had staged a protest and demanded a reinvestigation in the matter.

The court was hearing a public interest litigation (PIL) filed by Girish Bharadwaj of Sheshadripuram in Bengaluru, G Naveen Kumar of Belthangady and Vinayaka Friends Charitable Trust of Balnadu village in Puttur taluk. A two-judge bench of Justice PB Varale and Justice Krishna S Dixit dismissed the plea, observing that relief can be obtained through alternative methods available under the law.

During the hearing, senior advocate Arun Shyam, appearing for the petitioner, argued, "The trial court acquitted the accused in the rape and murder case that took place in 2012 on the ground that there was no sufficient evidence against him. However, the incident has taken place. That is, the real culprit has escaped from the case. In the golden period after the incident, there were some lapses on the part of the investigating officer and the doctor. This has led to the public demanding a reinvestigation. Therefore, the government should be directed to conduct a reinvestigation of the case by the CBI or an independent investigating agency or SIT.”

To this, the bench said there is a provision in law for the government, the original complainant or the victim's family to file an appeal against the trial court's order acquitting the accused in the case. It said the lapses in investigation in the appeal can be considered and the appeals made in this petition can be dealt with therein.

Sowjanya case should be handled within the limits of law: Court

Advocate Shyam brought to the notice of the bench that the victim's family had not filed an appeal. To this, the bench said, "Then you help the victim's family to file an appeal. The legal framework cannot be transcended by gatherings, dharnas and public sentiments. Even if the intention of the petitioner is good, the PIL has to be dealt with within the limits of law. Accordingly, you can withdraw the application and seek redressal of your plea through alternative means available under the law.”

Refusing to withdraw the petition, the petitioner's counsel sought that the court pass an order on merit in connection with the petition. The bench agreed and dismissed the petition. It said a detailed order in this regard would be issued.

17-year-old Sowjanya, a student of Sri Dharmasthala Manjunatheshwara College, was allegedly kidnapped on October 9, 2012, on way to her home in Ujire near Dharmasthala. The next day, her half-naked body was found near Nethravathi River, close to her house in the forests.