BENGALURU: The Karnataka High Court on Wednesday issued notice to Congress MLA N Munirathna, the Department and Central Bureau of Investigation (CBI). A petition filed by N Rakesh of Jalahalli seeks directions to the State to hand over the investigation to the CBI in a case registered by Jalahalli police with regard to several EPIC cards, BBMP seals and other materials seized on May 8, 2018 from a flat of SLV Park View, during the last assembly elections.Justice Aravind Kumar adjourned the hearing to March 11.
Accusing the Jalahalli police of showing Munirathna as an ‘absconder’ (in crime No.54/2018) till the filing of the chargesheet and dropping him from the alleged offences, the petitioner said this justified a need for a comprehensive investigation by the CBI.
Seeking directions from the court to the State to give protection to his life and also of his family members as well as to the witnesses involved in the case and their family members, the petitioner alleged that Jalahalli police have botched up the case.
Pointing out the omissions allegedly committed by the investigating officials, the petitioner stated that total number of EPIC cards seized is 9,564. The Inspector of Police, Jalahalli has not given full details of EPIC cards in the interim chargesheet, he said.
He also pointed out that the ispector has also stated in the interim chargesheet that the digital evidence is sent to private labs and not to the government lab. This gives rise to doubts about the sanctity of the investigation, he said.
In the chargesheet, the inspector deliberately did not file a certificate under Section 65 (B) of the Indian Evidence Act and this seems to be done to ensure that the digital evidence is not accepted in the court during trial, he claimed.
The petitioner further alleged that the inspector deliberately identified 40 out of 60 persons to record their statements and incidentally these 40 witnesses were all daily wage labourers and not permanent residents of Bengaluru. Hence, they are unlikely to appear before the court during trial, he said.