Daijiworld Media Network – Bangalore (SP)

Bangalore, May 28: The state High Court, on Thursday May 27, set aside ex-minister Halappa’s appeal against the criminal investigation department’s (CID) efforts to obtain his blood samples for the proposed DNA test. With this, the legal wrangle between the former minister and the CID came to an end.

The single judge bench of the High Court headed by Justice C R Kumaraswamy examined various objections raised by Halappa’s legal counsel for the proposed test, and held each of them invalid. In a prolonged judgment, the judge upheld the earlier order of the third JMFC court in Shimoga, permitting CID to go ahead with the DNA test on the minister in connection with a complaint of rape lodged against him. After the former minister refused to give his blood sample as requested by the CID, the department had moved the court.  Halappa continues to be in judicial custody.

Widely quoting from several verdicts of the Supreme Court and other High Courts apart from the rules quoted in the medical handbook – 2008 and police handbook, the judge said that the policemen may go ahead with undertaking steps as necessary for their investigations.

The advocate representing CID had stated that it would take more time for the report of the forensic laboratory to be received. The department wants to conduct DNA test to match the blood stains and semen traces found on the clothes entrusted to them by the complainants.

Ravi B Nayak, advocate for Halappa, had argued strongly in favour of waiting for the FSL report before conducting any test on Halappa, as he said, determining the identity of person to whom the blood and semen traces found on the clothes belongs, is important before proceeding any further. “If we give the blood sample now, this blood might be sprinkled on the said clothes and then produce them in the court as an incriminating evidence,” he had argued.