The Karnataka High Court, while convicting four accused in a 2009 triple murder case in Bengaluru, has highlighted the importance of verifying the background of migrant workers engaged as domestic helps, observing that lack of such precautions can lead to serious security risks.
A Division Bench of Justice H.P. Sandesh and Justice Venkatesh Naik T. allowed the State’s appeal and set aside the judgment dated 29 February 2016 passed by the LXIV Additional City Civil and Sessions Judge, Bengaluru, which had acquitted the accused of offences under Sections 120B, 302 and 201 read with Section 34 of the IPC.
The case concerned the murder of three members of a family at their residence in Bengaluru, in February 2009. According to the prosecution, one of the accused was employed as a domestic help in the household and, along with other accused and an absconding associate, conspired to rob valuables from the house. The victims were allegedly strangled using electrical wires and a dupatta before the accused fled with gold ornaments, cash and other valuables.
Reversing the acquittal, the High Court held that the trial court had failed to properly appreciate the circumstantial evidence on record. The Bench found that the prosecution had successfully established a complete chain of circumstances, including motive of robbery, last-seen evidence, recovery of stolen articles at the instance of the accused, and their conduct in absconding after the incident, which clearly pointed to the guilt of the accused.
Medical evidence also confirmed that the deaths were homicidal, caused by ligature strangulation, corroborating the prosecution’s version regarding the manner of the killings.
The Court convicted the four accused for offences under Sections 120B, 302 and 201 read with Section 34 IPC, sentencing them to life imprisonment for criminal conspiracy and life imprisonment on three counts of murder, along with five years’ rigorous imprisonment for causing disappearance of evidence. Each accused was also directed to pay a fine of ₹10,000 for each offence, with default sentences of simple imprisonment.
The Bench directed that all sentences shall run concurrently and ordered that 80% of the total fine amount be paid as compensation to the adopted son of the deceased couple under Section 357 CrPC.
Taking note of the fact that the crime involved persons employed as domestic workers who later absconded, the Court emphasised the need for greater vigilance and verification of migrant workers engaged as domestic helps. The Registry was directed to forward relevant portions of the judgment to the Chief Secretary, Government of Karnataka for necessary action and implementation.
The accused were further directed to surrender before the trial court within two weeks, while the trial court was instructed to retain the material objects for conducting trial against the absconding co-accused.
The Court at para 93 of the judgment noted that
It is seen in recent times, incidents have been reported where Inter-State migrant, who were engaged for domestic or construction work, have allegedly been involved in serious offences such as murder and robbery in the very premises where they were employed. In many such cases, the house owners or employers had engaged the workers without conducting any background verification, identity confirmation, or registration with the concerned authorities. Some of such migrant workers frequently committing crimes and fleeing away and as such, the same have to be streamlined by issuance of certain guidelines by the State Government. This situation highlights the urgent need for preventive safeguards through strict enforcement of existing labour and criminal regulatory mechanisms. Further, a structured and mandatory police
verification mechanism should be introduced before engaging workers who reside within private premises, similar to tenant verification systems, with simplified online registration portals
accessible to the public. At the same time, widespread public awareness campaigns through print, electronic, and social media platforms should be undertaken to educate citizens
about safe hiring practices. However, while strengthening preventive mechanisms, it is equally important to ensure that migrant workers are not stigmatized as a class, since criminal liability is individual in nature and the constitutional guarantees under Articles 14 and 21 of the Constitution of India protect the dignity and equality of all persons. Thus, balanced judicial
directions aimed at regulation, awareness, and accountability without discrimination which would serve the larger interest of public safety and social justice.
Appearances:
For the Appellant: Smt Rashmi Patel, HCGP
For the Respondent: Sri GR Sheshadri
