Supreme Court orders fresh probe into 2012 rape near Dharmasthala, Karnataka

A fresh investigation should be completed within three months and the police report submitted to the appropriate court, the SC said. File | Photo credit: The Hindu

The Supreme Court on Monday (Sep 21, 2026) ordered a fresh probe into the 2012 brutal rape and murder of a 17-year-old boy near a bathing ghat on the outskirts of Dharmasthala in Karnataka, expressing shock at the botched investigation into the incident.

The fresh investigation should be completed within three months and the police report submitted to the competent court, the court said.

The sole accused in the case, Santosh Rao, was acquitted by a Central Bureau of Investigation (CBI) court in June 2023. The victim’s father subsequently filed a lawsuit in the Supreme Court. However, he died during the hearing of the case. The victim’s mother took up the fight for justice for their daughter.

Look for the real culprits

“Injustice to a person who has been falsely accused can always be redressed. However, injustice to a victim who has been brutally raped and then murdered can never be redressed. Society would be failing in its duty if it does not provide justice to the victims of such a heinous crime by conducting a proper investigation and bringing the real culprits to book,” the Bench of Justice 49-Sanjaevpage observed in the Sanjayay Kumar judgment.

The appellant-mother was represented in court by senior advocates Shobha Gupta and Sanjay Nuli.

Justice Sachdeva, who authored the judgment, said that a fair investigation is “a part of the constitutional right guaranteed under Article 21 of the Constitution as well as a fair trial, without which the trial would naturally not be fair”.

“The investigation must be fair, transparent and judicious as it is the minimum requirement of the rule of law. The investigating agency cannot be allowed to conduct the investigation in a tainted and biased manner. If the non-interference of the court would ultimately lead to a miscarriage of justice, the court must intervene,” the judgment emphasized.

Technically proficient SIT

The court ordered a fresh probe and directed the state of Karnataka to form a technically proficient and effective Special Investigation Team (SIT) headed by a senior state police officer. No officer who was part of the earlier team shall be included in the SIT.

The judgment ordered that Santosh Rao should not be subjected to further investigation or prosecution as he had already been tried and acquitted and was protected under Article 20(2) (double jeopardy) of the Constitution.

“The new investigation will be completed within three months and the police report will be submitted to the relevant court in accordance with the law, after which the matter will be further processed according to the law,” the Supreme Court ordered.

Published – 21 Sep 2026 22:04 IST