Sex CD case: HC quashes probe against Bengaluru top cops

Bengaluru: The Karnataka High Court has quashed the orders of a lower court to conduct investigations against Bengaluru Police Commissioner Kamal Pant, DCP Central M.N. Anuchet and Cubbon Park police station inspector Maruthi in connection with failing to register case against a former BJP minister regarding alleged Sex CD case.

The bench headed by Justice Srinivasa Harish Kumar gave the order on Tuesday. The bench had observed that complainant Dinesh Kallahalli had not given sufficient information to police regarding his complaint and he had withdrawn it on March 7, 2021. Police Commissioner Kamal Pant had formed a Special Investigation Team (SIT) on March 11. The SIT has completed the probe and submitted its report. The police have also completed the investigation of a complaint filed by the victim woman on March 26 against former minister Ramesh Jarkiholi.

The victim has also questioned the formation of SIT. The divisional bench of the High Court has directed SIT not to submit a report to the lower court which is looking into the matter. The magistrate court, has not considered all these factors while ordering investigation against police officers and it opined that the investigation order was not correct.

The 8th ACMM (Additional Chief Metropolitan Magistrate) Court had given the order and also directed the police department to submit the report by February 1, 2022. The court had passed an order of inquiry for investigation of offences under section 166 A of IPC (the Penal Code holds police responsible for delays in registering an FIR after victim makes a complaint).

Janaadhikara Sangharsha Parishath Co-President Adarsh R. Iyer had filed an PCR (Private Complaint) against Kamal Pant, Anucheth Aand Maruti for not registering case against former BJP minister Ramesh Jarkiholi in connection with alleged sex-CD scandal.

The complaint registered against them on March 17 sought action against senior police officers for failing to register FIR on alleged offences of sexual intercourse by a person in authority such as the then minister of Water Resources, Ramesh Jarkiholi. The complaint was given by RTI activist Dinesh Kallahalli on March 2, 2021. The complaint was registered under 166-A of IPC (Nirbhaya Act).

The senior police officers are accused of failing to carry out their duties in a disciplined manner, acting in a prejudiced manner against the complainant Dinesh Kallahalli as well as the purported victim, the complaint alleged.

The complaint also mentioned that the officers displayed gross incompetence by buckling under the pressure of the powerful ruling political class, flouting laws of the land and Supreme Court of India guidelines with impunity. The petitioner also claimed that they brought disrepute to the independent working of the Karnataka State Police Force.