By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Reportedly Officials of the Criminal Investigation Department (CID), probing the alleged suicide case of DSP MK Ganapathi, are set to submit a B Report a report filed when there is insufficient material or scientific evidence. Madikeri court will hear the complainant before taking further action in the matter in case of CID files B report. In a TV interview Ganapathi gave hours before he was found hanging from a ceiling fan of a Madikeri hotel room, he said that former home minister KJ George, and senior IPS officers Pronab Mohanty and AM Prasad were to be held responsible in the eventuality of any untoward incident. The report will be filed before the Madikeri magistrate court, which had directed the police department to register an FIR against the trio after being approached by Ganapathi's family . The court had set September 19 as the deadline for submitting the inquiry report.Following the court's decision, George, who was then Bengaluru development minister, was asked to step down. Sources in the CID said that the officers had spoken to over 50 people, including Ganapathi's colleagues, friends, doctors and family members, before arriving at a final conclusion."We scanned office files, diary and documents belonging to Ganapathi. We were unable to find any evidence in either the documents or the statements, to substantiate allegations made by Ganapathi in his interview," sources said. George, Mohanty and Prasad had protested their innocence, adding that they had no idea as to why Ganapathi had named them.Mohanty had stated that Ganapthi had never directly reported to him. "I was the additional commissioner of police when Ganapathi was inspector in Rajagopalnagar, north Bengaluru. The area came under the jurisdiction of my counterpart. I had cleared Ganapathi's promotion from inspector to DSP, by clarifying that there was no pending enquiry against him," his statement read. Prasad had also pointed out that Ganapathi never worked under him. "I never spoke to him, barring a few interactions at meetings," Prasad had said. `Didn't transfer him'.However, George's statement was different in its tone from those of the two IPS officers. "Ganapathi claimed I had harassed him during a communal violence-related incident in 2008, which is false. I never transferred nor ordered a departmental enquiry against him. After his suicide, I came to know that there were a few allegations against him," George said.
If CID does not file B report or Madikeri court does not accept the B report the Case will continue and in such scenario accused have right to file the petition under section 482 of the Cr.P.C before high court. The FIR sets Criminal law into motion. The F,I.R should disclose the offence complained of .if no offence is made out ,it is liable to be quashed under section 482 of the Cr.P.C .A frivolous complaint may be made harass or coerce innocent citizen for bringing about a settlement in political war or for extortion of money or for getting better deal in other matter or for taking revenge upon opponent .The law cannot be abused or aid of law cannot be taken for committing an illegal act with sinister motive .In such situation ,the said abuse of process of law can be quashed by resorting to the legal provision under Section 482 ofCr.P.C. Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code or to prevent abuse of the process of any court or to secure the ends of justice. The wings of an illegal Criminal proceedings can be clipped with the aid of Section 482 of Cr.P.C. This section is of immense help to the defense as the harassment by prosecution can be terminated at the very inception itself, rather than going through grueling experience of attending the court on all dates of hearing adducing evidence to disprove the allegation .There by valuable time money and reputation can be saved.
It is alleged that The complaint filed by Late Ganapathi's son Nehal is false, frivolous and baseless and defamatory and based on false motivated Media reports and false video statement of the deceased Late Ganapathi's made before media and on this basis complaint is filed and FIR is registered as per PCR order , and accused have reserved their right to filea Petition / Application u/s 482, may be filed before the High Court once again , for the quashing of said FIR, on the ground that (a) "acts” and "omission” attributed towards the accused person in the FIR does not constitute any offence; or (b) No incidence of offence as alleged in the FIR has happened; or (c) the FIR contains "bare allegation” without attributing whatsoever "acts or omission” on the part of the accused person, towards the commission of the offences. The alleged Video statement of the deceased Late Ganapathi's before media cannot be taken as suicide note or dying declaration or suicide video statement as Ganapathi had told a local TV channel that allegedly he was harassed by IPS officers Pronab Mohanthy , AM Prasad and former home minister KJ George."If anything happens to me later, these three men are responsible," Ganapathi had said hours before he was found hanging from the ceiling fan. He has categorically said in the video statement that ."If anything happens to me later, these three men are responsible” as in fact nothing "happened to him” as he apprehended instead he committed suicide which he did not mentioned in his video statement. In his video statement he has not said that these three men are responsible for his suicide and in his video statement he has not substantiated any evidence about how he was harassed by IPS officers Pronab Mohanthy in the cases he narrated in his video statement, AM Prasad and former home minister KJ George. Once his video statement does not contain or mentions word about suicide then this "video statement "cannot be taken as suicide note or dying declaration or suicide video statement wherefore slapping section 6 of IPC for his video statement is in appropriate unwarranted and illegal it is media created fiction .Video statement cannot be taken as dying declaration (dying declaration is made at the time of dying or when a person is dying by attack by some body. Dying declaration should be recorded by the executive magistrate & police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left According to this section , dying declaration is the declaration of a dying person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death when the cause of his death is in question .If the declarant succumbed to the injuries, the statement can be used as a dying declaration as to his cause of death .Dying declaration is provided by section 32 , sub-section 1 , of the Indian Evidence Act .In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under section 309 of IPC. "The Supreme Court, in several rulings on abetment of suicide cases, has held that there must be a clear case of instigation by direct or indirect acts. The deceased may have blamed someone but that doesn't constitute abutment.