Karnataka HC seeks independent probe into migrant labourer’s encounter killing
The Karnataka High Court on Monday directed an independent judicial inquiry, to be conducted by a judicial magistrate, into the alleged police encounter killing of a migrant labourer from Bihar in Hubballi.
This incident dates back to April 13, 2025, when the labourer, identified as Ritesh Kumar (aged around 35), was shot dead by police. He had been accused of the rape and murder of a five-year-old girl in Hubballi, whom he allegedly lured with chocolates before the crime.
Police claimed he was killed while attempting to escape custody or during an attack on officers, shortly after his apprehension.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha directed that a judicial magistrate conduct the inquiry and submit a report to the court by June.
The order was passed while hearing a Public Interest Litigation (PIL) filed by the People’s Union for Civil Liberties (PUCL) seeking registration of an FIR against the involved police officers, adherence to Supreme Court guidelines on encounter deaths, and a judicial probe into whether it was a genuine encounter or extrajudicial killing.
During the hearing, the Bench observed orally that if procedural lapses are found in the magistrate’s report, the court may consider referring the matter to a central investigative agency for further probe.
Appearing for PUCL, Senior Advocate Aditya Sondi argued that a judicial inquiry was mandatory in cases of encounter deaths.
He submitted that a First Information Report (FIR) should be registered against the police personnel involved and a Special Investigation Team (SIT) constituted, in line with the Supreme Court’s guidelines laid down in PUCL vs State of Maharashtra (2014) governing deaths caused by police action.
Recording the submissions of Advocate General Shashi Kiran Shetty, the court noted the State’s position that there was no immediate need to register an FIR naming police officers, as the entire incident had been recorded.
The Advocate General stated that any additional offences identified during the investigation could subsequently be incorporated into the FIR.
He also informed the court that the Karnataka Criminal Investigation Department (CID), which has been assigned the case, would examine all aspects of the incident, adding that the State had no objection to a judicial magistrate-led inquiry.
The matter has been posted for further hearing on June 8.
