PSI can file chargesheet, says HC; denies bail to 2

Bengaluru: Observing that a police sub-inspector (PSI) is empowered to investigate a case and file chargesheet, the high court refused to grant bail to two of the accused in the 2021 Byadarahalli mass suicide case.
Five persons — Bharathi, wife of tabloid editor Halagere Shankar, her two daughters Sinchana Kumari and Sindhu Rani, son Madhusagar and a nine-month-old (Sindhu's son) — were found dead at their residence at Thigalarapalya, Magadi Road on September 17, 2021.

While Shankar is accused No. 1 in the case, his sons-in-law Eediga Srikanth and ES Praveen Kumar are accused No. 2 and 3. The case under section 306 of IPC (abetment to suicide) was filed against the trio following recovery of death notes.
Interestingly, Shankar was the complainant in the case.
It was Praveen Kumar's third bail petition and Srikanth's second. A separate petition filed by Kumar, seeking quashing of the proceedings, was also rejected. The petitioners had contended that since an inspector is the SHO of a police station, a PSI, who is of a lower rank, has no authority to file chargesheet.
Seeking that the chargesheet be quashed, it was argued that the officer in-charge of police station is always the inspector, not the PSI, and any officer(s) can investigate the matter, but chargesheet can be filed only by the officer in-charge. Denying the charge levelled (abetment to suicide) against them, the petitioners claimed that the entire allegation was made against their father-in-law, who is accused no. 1.
On the other hand,VS Hegde, state public prosecutor 2, contended that as per provisions of sections 154 and 156 of CrPC, no court can question the investigation of a police officer. "It does not reveal who has to investigate, and on the basis of faulty investigation, the chargesheet cannot be set aside...It is only an irregularity, which can be rectified. There is no evidence to show serious prejudice against the accused persons," he submitted.
Justice K Natarajan, after perusing the records, noted that it was an unfortunate mass suicide of four elders who left behind death notes to attract attention of the public at large and police officers as they wanted justice. The judge pointed out that the contents of the notes and request by the deceased that their bodies shouldn't be handed over to their husbands and should be cremated by the state/police also show the seriousness of the offence committed by the accused.
Referring to the Karnataka police manual, the judge said a police sub-inspector is also empowered as officer in-charge of a police station to file chargesheet. "The complaint itself filed by the inspector shows the sub-inspector as SHO, and the SI who registered the FIR investigated the matter and filed chargesheet. Therefore, it can't be said that the chargesheet is vague or unauthorised..." justice Natarajan further observed while dismissing the three petitions.