Karnataka High Court. (File Photo | EPS)
Karnataka

Karnataka HC lifts stay on Dharmasthala mass burial probe; tells SIT not to harass petitioners

They had questioned the registration of the FIR, which was registered in Belthangady and transferred to the SIT later, and also the notices issued to them by the SIT.

Express News Service

BENGALURU: The Karnataka High Court on Wednesday vacated the stay granted to the investigation on the First Information Report (FIR) registered over the alleged mass burial of dead bodies in Dharmasthala of the Dakshina Kannada district.

The court vacated the interim order considering the startling revelations made by the Special Investigation Team (SIT) through the Special Public Prosecutor (SPP) B N Jagadeesha, who filed the statement of objections along with the statement given by the complainant-turned-accused, a former sanitary worker, before the Magistrate, to vacate the interim order.

After hearing the arguments of SIT and the counsel for the petitioners, Justice Mohammad Nawaz vacated the interim order of stay, which was passed on October 30. However, the court directed the SIT not to harass the petitioners, such as Girish Mattennavar, Mahesh Shetty, Jayanth T and Vittala Gowda, who are claimed to be social activists. They had questioned the registration of the FIR, which was registered in Belthangady and transferred to the SIT later, and also the notices issued to them by the SIT.

SPP Jagadeesha submitted that the impugned notices under section 35(3) of the BNSS have been issued after the complainant- turned-accused made explosive new revelations in his confession before the Magistrate under section 183 of the BNSS.

The SPP stated that in the Interlocutory application filed by Mattannavar, in a writ petition before the high court, on October 14, he made no allegations against the SIT and prayed for the investigations to continue. However, solely to gain the sympathy of this court, he now alleges that they have been interrogated for more than 100 hours, which is false. The notice was issued first on October 24 and a subsequent one on October 30.

He stated that the investigation revealed that the serious allegations made by the complainant were false. The details he disclosed do not relate to the facts found at the scene. Many aspects of the case under investigation are not at all related to the claims of illegal burials by the complainant. The recent discoveries of skulls and other human remains at the Bangle Gudda area by the SIT are an example of the same.

Therefore, when the complainant was further examined, he revealed, of his own free volition, that he had lodged the complaint and had made the statements as per the instructions and the active connivance of the petitioners, the SPP pleaded, while also pointing out that the investigation was launched at the instance of the petitioners, who are opposing the same.

‘STATEMENT GIVEN UNDER DURESS’

  • SPP B N Jagadeesha, appearing for SIT, told the HC that the following points were elicited from the complainant-turned-accused on Aug 22 during probe

  • He stated that the skull he produced and presented on July 11, 2025, was not dug out by him from the ground, and that he had no knowledge regarding the place where the skull was obtained from.

  • He said a group of individuals misled him, and the skull was given to him by those individuals.

  • He expressed his willingness to tell the truth and stated that he would reveal who instigated and coerced him to make such false statements and who all were involved.

  • He stated that he filed the complaint at the Dharmasthala Police Station, under the threat, instigation, and direction of petitioners, namely Mahesh Shetty Timarodi, T Jayanth, Girish Mattannavar and others.

  • He stated that he had given his earlier statement under Section 183 of the BNSS before the Magistrate under duress.

  • He stated that the skull and soil presented before the police on July 11, 2025, were not collected by him, but were provided by T Jayanth, and that he produced them before the police as per the directions and instructions of those individuals.

  • -He also stated that, as a part of the conspiracy hatched by Mahesh Shetty Timarodi and others, he committed the act of giving false complaints and statements about burying bodies in Dharmasthala.

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