Citation: Kusumavati Gowda v. The Government of Karnataka & Ors. (2026 INSC 1030)
The Supreme Court has ordered a fresh, de novo investigation into the brutal 2012 rape and murder of a 17-year-old girl in Karnataka.
The court took this step after criticizing previous investigations by the local police, the Criminal Investigation Department (CID), and the Central Bureau of Investigation (CBI) for wrongly framing an innocent man, Santhosh Rao, who was eventually acquitted.
The case dates back to October 2012, when the minor student went missing from Belthangady taluk and her body was later found with severe injuries. While the victim’s family and local residents repeatedly pointed fingers at other influential local individuals, investigators instead prosecuted Santhosh Rao, who was later cleared by a sessions court due to a complete lack of evidence and severe investigative lapses.
Setting aside a previous High Court order, the Supreme Court ruled that a fair and transparent investigation is a basic constitutional right. The bench noted that while the wrongly accused man cannot be tried again due to legal protections, the real culprits must not escape justice. The apex court has directed the State of Karnataka to set up a brand-new Special Investigation Team (SIT) headed by a senior officer—excluding anyone who worked on the previous failed probes—to finish a fresh investigation within three months.
Supreme Court held that a fair and transparent investigation is a core component of the right to life and personal liberty under Article 21 of the Constitution, empowering constitutional courts to order a fresh (de novo) investigation by an independent Special Investigation Team (SIT) when prior probes are severely tainted or biased.
