Karnataka HC Allows Burial Of Migrant Labourer Allegedly Killed In Police Encounter After Being Accused Of Killing Minor Girl

The Karnataka High Court on Monday (April 28) permitted the State Government to bury the dead body of a migrant labourer from Bihar, Ritesh Kumar who was allegedly killed in a police encounter on April 13 at Hubballi.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind granted permission after the state government made a request saying the post mortem on the deceased body has been undertaken and body parts as required are preserved to aid the investigation.

It said “It is to be stated that there is no restraint as of now to bury the body. The authorities are permitted to bury the body.”

Kumar was accused of killing a 5-year-old girl in Huballi. On April 13, he was shot by the police. As per the police, the accused was shot after he was trying to flee from them.

The directions were given while hearing a petition filed by the People's Union for Civil Liberties, Karnataka.

Senior Advocate Aditya Sondhi appearing for the petitioner informed the court that there is partial compliance of the Supreme Court order. FIR for the encounter is not filed by the police, instead it is filed against the deceased.

Referring to the judgment of the Supreme Court in PUCL V. State of Maharashtra (2014) he said, “The entire scope of magisterial inquiry requires a registration of FIR. The state has registered a case against the deceased that he obstructed the police.”

To a query raised by the court about the steps to be taken pursuant to registration of FIR Sondhi said, “Inquiry will have to be on the encounter not against the deceased.” The court replied by saying that “The court can say that investigation will have the dimension of encounter also.”

Advocate General Shashi Kiran Shetty submitted that “Whether the encounter is genuine or fake will be looked into by the magistrate after inquiry.”

Sondhi also pointed to the court about a prayer made in the petition seeking to conduct an inquiry by a former judge of the HC or transfer investigation to an independent agency.

Shetty countered the submission by saying, “CID is investigating it and it is given to an independent agency. We have not given it to the local police.”

Sondhi then urged the court that “It has been given to CID no doubt but what is given to the CID is FIR against the deceased. Lordships may please look at the FIR and then pass appropriate orders.”

Following which the court directed the authorities to place on record translated copies of the two FIR's and indicated that it would pass a comprehensive order Friday, (May 2) after going through it. The court refused to accept the suggestion made by the petitioner for producing the post mortem report of the deceased.

Case Title: People's Union for Civil Liberties AND State of Karnataka

Case No: WP 11397/2025.