Karnataka HC Orders Judicial Probe Into Hubballi Encounter Killing Of Rape-Murder Accused

Hubballi: The Karnataka High Court on Monday ordered a judicial inquiry into the police encounter in Hubballi in which a man accused of raping and murdering a five-year-old girl was shot dead, and directed that its report should be submitted by the end of June.

It orally observed that in case of any lapsesin the magistrate's inquiry report, the matter could be handed over to a central investigating agency. The order was passed by a division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha while hearing a public interest litigation filed by the People's Union for Civil Liberties, Karnataka.

Call for an Independent Probe

The petition sought an independent investigation into the encounter, urging the court to direct the registration of a separate FIR against all police personnel involved in the shooting and to ensure their arrest and interrogation as part of the probe.

The petitioner's counsel argued that the Supreme Court's guidelines governing encounter deaths had not been followed in the present case. The lawyer submitted that a separate criminal case must be registered against the officers who carried out the encounter and that the investigation must strictly adhere to the procedure laid down by the apex court.

Earlier, Advocate General Shashikiran Shetty had informed the bench that the case was already under investigation by the CID in accordance with the Supreme Court's directions in the PUCL case and the guidelines issued by the National Human Rights Commission (NHRC). He added that the probe had been entrusted to the CID to ensure independence, and if the High Court so directed, the state would not object to a judicial inquiry.

Court Raises Questions

During the hearing, the bench observed that the death occurred while the accused was effectively in police custody, making it an unnatural custodial death that warranted scrutiny. The judges questioned whether the investigation should ascertain who fired the shots and who collected the deceased's fingerprint evidence. The court also remarked that public sentiment surrounding the crime could not override the need for a lawful and transparent investigation.

Case Background

The incident dates back to April 2025, when the five-year-old girl was allegedly abducted in the Ashok Nagar police station limits of Hubballi. Police said the accused, who hailed from Bihar, attempted to sexually assault the child and later murdered her.

Police officials maintained that when they went to apprehend the accused, he allegedly attempted to attack them. Despite being warned, he continued with the assault, prompting the police to open fire. He was shot in the back, sustained serious injuries, and later died.

Following the encounter, the PUCL moved the High Court seeking a judicial inquiry into the shooting. With the court now ordering a probe, the focus shifts to the findings of the judicial investigation, which is expected to clarify whether due process was followed in the controversial encounter.

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