Accused Officer Belongs To Same Department Conducting Investigation: Telangana High Court Transfers Cop’s Suicide Case To CBCID

The High Court was considering a petition whereby the petitioner sought the transfer of a case on the file of P.S. Kuknoorpally, Siddipet District, to CBCID or any other independent, impartial special investigating agency.

The Single Bench of Justice N. Tukaramji held, “In the instant case, the allegation regarding removal of the suicide note is of significant evidentiary value; allegations of tampering with the crime scene and removal of valuables raise serious doubts; the investigation has remained pending for a considerable period; the accused officer belongs to the same department conducting the investigation. These factors cumulatively create a reasonable apprehension of lack of fairness, thereby undermining public confidence in the investigative process.”

Advocate Sujith Jaiswal represented the Petitioner, while Assistant Government Pleader D. Pradeep represented the Respondent.

Factual Background

One P. Prabhakar Reddy, who was serving as a Sub-Inspector of Police at Police Station Kukunoorpally, Siddipet District, allegedly committed suicide at the Police Headquarters, Siddipet, by shooting himself on the forehead with his service revolver. On the same day, a complaint was lodged by his brother under Section 306 of the Indian Penal Code, resulting in the registration of the FIR. In the said complaint, a strong suspicion was expressed against the then Assistant Commissioner of Police, Gajwel, alleging that he had abetted the commission of suicide. The petition before the High Court was filed by the wife and the son of the deceased who further claimed that although the incident was stated to have occurred between 12:00 noon and 12:30 PM, by the time the family members reached the scene, certain crucial developments had already taken place.

It was alleged that immediately after the incident, the said ACP entered the police quarters, secured and screened the crime scene, and removed a suicide note purportedly authored by the deceased, which allegedly contained the reasons for his death. The petitioners further allege that the said ACP, abusing his official position, cleared the premises, locked the house from inside, and tampered with material evidence. The petitioners approached the High Court with the grievance that the investigation conducted by the police authorities was biased and thus their request for the transfer of the investigation to the CBCID should be considered.

Reasoning

The Bench, at the outset, made it clear that in cases where allegations are made against police officials themselves, investigation by the same agency may give rise to a reasonable apprehension of bias and even in the absence of proven mala fides, a reasonable likelihood of bias is sufficient to warrant transfer of the investigation.

Considering the allegations regarding the removal of the suicide note, tampering with the crime scene, and removal of valuables, the Bench noted that the same raised serious doubt. Taking note of the fact that the accused officer belonged to the same department conducting the investigation, the Bench found a reasonable apprehension of a lack of fairness.

“In view of the above, this Court is of the considered opinion that the investigation conducted by the local police does not inspire confidence and falls short of the constitutional mandate of a fair and impartial investigation under Article 21 of the Constitution of India”, it stated.

The Bench thus directed that the investigation be transferred to the CBCID and also directed the respondent authorities to hand over the entire case diary, material objects, forensic reports, and all connected records to the transferee agency.

Cause Title: Pinninti Rachana Reddy v. The State of Telangana (Case No.: Writ Petition No.1573 of 2018)

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