Karnataka HC lifts stay on Dharmasthala case

Karnataka High Court
Asks SIT to ensure activists are not harassed
Bengaluru: The Karnataka High Court on Wednesday vacated its earlier stay on the investigation into FIR registered at the Dharmasthala Police Station in connection with the allegations of "multiple murders, rapes and burials" at the temple town in Dakshina Kannada district. The interim stay was granted on October 30, after hearing a petition filed by activists Girish Mattannavar, Mahesh Shetty Thimarody, T Jayant and Vittala Gowda. The four, who had earlier backed the registration of the very FIR, sought for its quashing.
Justice Mohammad Nawaz, while lifting the stay, directed the Special Investigation Team (SIT), which is probing the case, to ensure that no harassment is caused to activists. The SIT had earlier issued notices to activists Mahesh Shetty Thimarodi, Mattannavar, Vittala Gowda, and Jayanth T under Section 35(3) of the Bharatiya Nagararika Suraksha Sanhita (BNNS). Senior advocate S Balan, appearing for Mattannavar, submitted that his client did not oppose the continuation of the investigation but sought protection from arrest for all activists involved.
The SIT, opposing the plea to quash the case, maintained that the inquiry had uncovered significant evidence warranting further investigation. In its objection affidavit, the state government stated that the SIT's scope extended beyond the initial complaint filed. "The mandate of the SIT is not restricted to one complaint. Its investigation covers illegal burials that may have occurred over a prolonged period," the government said. It also pointed out that the discovery of human skulls and other remains at Banglegudde indicated "independent dimensions" to the case, separate from the original allegations.
The state further clarified that there was no immediate threat of arrest to the activists. "If the petitioners cooperate with the investigation as required under Section 35(3) of BNNS, there will be no question of arrest," the affidavit stated. It added that the issuance of such notices served as a legal safeguard to prevent arbitrary detention.

















