Umesh Reddy

Case record: Umesh Reddy

Status / legal outcome

Umesh Reddy was sentenced to death on October 27, 2006. The Karnataka High Court confirmed the death sentence, upholding the city fast-track court judgment of October 26, 2006.

Timeline

• 1994 — Umesh Reddy underwent training in Madhya Pradesh.
• 1995 — Umesh Reddy completed his PUC in 1995.
• 1996 — Umesh Reddy served as a constable in Central Reserve Police Force (CRPF) in Kashmir in 1996.
• November 1996 — Umesh Reddy joined the District Armed Reserve (DAR) at Chitradurga in November 1996.
• 1996 — Umesh Reddy attempted to rape a school girl near KEB colony in Chitradurga and allegedly raped and murdered another girl Rupa in 1996.
• February 28, 1998 — Jayashree Maradi Subbaiah, a widow, was raped and murdered by Umesh Reddy at her house in T Dasarhalli in Peenya.
• March 2, 1998 — Umesh Reddy was arrested on March 2, 1998, by the Yeshwanthpur police.
• March 4, 1998 — Umesh Reddy escaped from police custody at Hiriyur bypass while being brought in a KSRTC bus to Bangalore by District Armed Reserve (DAR) personnel of Bellary.
• March 3, 1998 — Umesh Reddy was arrested on Monday by Peenya police after remaining elusive for over nine months.
• May 17, 2002 — Umesh Reddy was arrested on May 17, 2002, by Yeshwanthpur police after being spotted in a saloon by Sathyavelu.
• October 27, 2006 — A seventh fast track court awarded death sentence to Umesh Reddy.
• October 4, 2007 — Umesh Reddy was convicted by a high court division bench on October 4, 2007, for the rape and murder of Jayashree Maradi Subbaiah, a widow, on February 28, 1998.
• October 26, 2006 — The city fast-track court judgment was delivered on October 26, 2006.
• February 18, 2009 — One judge upheld the death penalty while a second judge differed on quantum of sentence for the 2007 High Court division bench decision.
• February 19, 2009 — The Karnataka High Court confirmed the death sentence of Umesh Reddy.

Background

Umesh Reddy was known by aliases including Rajulu, Ramesh, and Venkatesh. Umesh Reddy was a native of Basappa Malige in Chitradurga. He was a former police constable.

Umesh Reddy served as a constable in Central Reserve Police Force (CRPF) in Kashmir in 1996. He joined the District Armed Reserve (DAR) at Chitradurga in November 1996.

Umesh Reddy was described as a transvestite (fascinated by garments of opposite sex) and as stealing women’s garments and wearing them in his house. The police found bags containing women’s garments after his arrest, including 10 bras, 18 pairs of panties, six sarees, two nighties, eight churidars, and four blouses.

The offence

Umesh Reddy targeted houses where women stayed alone. He used a knife-point threat, tied victims’ hands, raped them, killed them, and then robbed the houses. He also collected women’s undergarments.

Rape and murder of Jayashree Maradi Subbaiah

Jayashree Maradi Subbaiah was raped and killed by Umesh Reddy at her house in T Dasarhalli in Peenya. She was described as a former nurse and as a widow. On February 28, 1998, Umesh Reddy raped and murdered Jayashree Maradi Subbaiah.

Umesh Reddy was convicted for the rape and murder of Jayashree Maradi Subbaiah by a high court division bench.

Other reported incidents

Umesh Reddy was linked to an attempted rape of a school girl near KEB colony in Chitradurga. He was also described as allegedly raping and murdering another girl Rupa in 1996 at Chitradurga.

Umesh Reddy was described as involving in multiple cases of rape and murder, including three rapes and four thefts in Davangere, Hubli-Dharwad, Belgaum, and Pune after an escape.

Investigation and arrest

Arrestes and custody escapes

Umesh Reddy gave the slip to police multiple times and escaped from custody several times. He was arrested on March 2, 1998, by Yeshwanthpur police.

He escaped from police custody at Hiriyur bypass on March 4 while being brought to Bangalore by DAR personnel of Bellary. Police claimed he was handcuffed at that time; Umesh Reddy denied it on his arrest. During interrogation after the escape, Umesh Reddy told Yeshwanthpura police that he consumed liquor along with the escorting policemen and gave them the slip on the pretext of going to answer nature’s call.

Umesh Reddy was arrested on May 17, 2002 by Yeshwanthpur police after one Sathyavelu spotted him in a saloon.

Arrest in the Peenya / Bangalore area

Umesh Reddy was arrested on Monday by Peenya police after being elusive for over nine months. He was apprehended in a joint effort by the public, police, and Hoysala patrol team after entering the house of Sheeba on the pretext of inquiring about an address and threatening her with a knife, then attempting to escape when Sheeba raised an alarm.

The account also stated that Umesh Reddy entered the house of Sheeba and threatened her with a knife, and that he tried to escape but was apprehended through a joint effort.

Targeting and modus operandi during investigation

The investigating officer described that Umesh chose his victims after carefully observing them and targeted them between 11 am and 3 pm when male inmates are normally out of the house. He gained entry by pretexts like asking for water or an address. Once inside, he threatened victims at knife-point, made them remove their clothes, tied their limbs, raped them by tying their limbs, and strangled Jayashree after raping her.

Seized items

The police recovered cash, gold jewellery and electronic gadgets valued at over Rs 5.5 lakh from him.

Trial

Fast-track court sentence (capital punishment and concurrent terms)

On October 27, 2006, the seventh fast track court awarded death sentence to Umesh Reddy for raping and murdering Jayashree (37) at Peenya police station limits on February 28, 1998. Judge K Sukanya delivered the sentence and noted that the crime was the “most heinous kind” and the “rarest of the rare case.”

The court awarded him 10 years imprisonment for robbery and slapped a fine of Rs 25,000. The sentences were to run concurrently. The matter was referred to the High Court for deciding on the death penalty.

A separate account stated that on October 27, 2006, the VII Fast Track Court, Bangalore sentenced Umesh Reddy to death for raping and murdering Jayashree in Peenya police station limits on February 28, 1998. The fast track court held that the rape and murder came under the category of the “rarest of rare” cases.

Statements by the judge at sentencing

Judge K Sukanya stated:

"It is directed that accused Umesh Reddy be hanged till death because he is a menace to society."

Victim age mentioned

Jayashree was described as 37 in the context of the fast-track court sentence.

Defence / personal circumstances raised

Umesh Reddy pleaded for a lesser sentence on the grounds that his father was dead and that he had to look after his aged and ailing mother. He also said that his behaviour in prison was good and that he had taken up a computer course through correspondence.

Appeals and High Court proceedings

High Court confirmation of death sentence

The Karnataka High Court confirmed the death sentence of Umesh Reddy. Justice S R Bannurmath upheld the city fast-track court judgment of October 26, 2006 by confirming the death sentence. Justice Bannurmath said there was no scope for finding any mitigating circumstances in Reddy’s favour.

Justice Bannurmath observed:

“The accused, being a habitual offender, the sentences of imprisonment imposed on him in several cases had no deterrent effect on him,”

Justice Bannurmath further stated:

“It is evident that even after punishments in cases of robbery, dacoity and rape, he has not reformed; no reformation can be expected from such a habitual offender and pervert criminal.”

Justice Bannurmath added:

“I do not understand why such a devil in man’s garb should be maintained by society by locking him up in jail for life. It is a known fact that whenever there is an opportunity, he has a tendency to run away from custody and commit new, heinous crimes. Faith in system “The death sentence imposed by the trial court has to be confirmed; or else the faith society would have reposed in the criminal justice system would be shattered.”

On the appeal by Reddy’s counsel to consider keeping him in prison for life, Justice Bannurmath observed:

“I am unable to accept this proposition, because in Swamy Shraddananda’s case there were certain mitigating circumstances in his favour — like him being a first-time offender and a fairly aged person. “But here, it is a policeman who has become a habitual pervert and a violent offender, who not only commits robbery but also, to satisfy his lust, attacks helpless women, commits rape and has even brutally murdered one of his victims, Jayashree.”

Divergent judgment on quantum of sentence at the High Court division bench

Umesh Reddy was convicted by a high court division bench on October 4, 2007 for the rape and murder of Jayashree Maradi Subbaiah, a widow, on February 28, 1998.

The judges differed on the quantum of sentence. One judge upheld the death penalty imposed by the lower court, while the second judge felt he should undergo life imprisonment.

Justice V G Sabhahit had confirmed the lower court’s order imposing death penalty by observing that the accused was not a first-time offender and had already been convicted in three criminal cases. Justice V G Sabhahit stated:

“Imprisonment for life could be inadequate, and the offence committed by the accused constitutes the rarest of the rare cases. The interest of justice would be met only by awarding the death penalty to him,”

Justice Ravi B Naik contended that the death penalty as a deterrent had failed to curb crime and modified the lower court’s order to rigorous imprisonment for life. Justice Ravi B Naik stated:

“Imposition of the death penalty is not called for in this case. The death sentence be set aside and accused should undergo rigorous imprisonment until he completes his natural life. He shall not be entitled to any remission of sentence, amnesty or any special occasion either by state or centre,”

Case records and directed submissions

The Karnataka High Court directed the State Government to place before it all appeals and records relating to Umesh Reddy’s involvement in other cases. A Division Bench comprising Justice V.G. Sabhahit and Justice Ravi B. Naik directed the State Public Prosecutor (SPP), S. Dore Raju, to place before them appeals by Reddy relating to cases in High Court and other courts. The Bench passed the order while hearing an appeal by Reddy and reference by a trial court of Bangalore.

The order noted that appeals by Reddy in other cases would have to be clubbed with this case and heard together, and directed obtaining details and placing them before the court.

Sentencing details

The trial court awarded death sentence for the rape and murder of Jayashree at her house in T Dasarhalli in Peenya. The trial court also awarded 10 years imprisonment for robbery and slapped a fine of Rs 25,000, with sentences running concurrently. A separate account also stated that the court sentenced him to seven years in jail for the rape of Jayashree and imposed a fine of Rs 25,000, and sentenced him to ten years in prison for robbery with a fine of Rs 25,000, while the death sentence meant he would not have to undergo the other sentences.

Other cases, charges, and procedural history

Umesh Reddy was described as facing charges in 19 cases including rape, murder, attempt to rape and robbery. He was described as facing charges in 19 cases including rape, murder, attempt to rape and robbery by Assistant Commissioner of Police B N Nyamgowda.

Police stated that he was involved in over 15 rape cases and accused in the rape and murder of Roopa in 1996.

Another account stated that Umesh Reddy was wanted by police in over 20 rape and robbery cases in the city, state and other states.

He was also described as having 25 cases against him, with convictions in nine cases, including two cases in Bellary, three in Peenya and one in Baroda, Gujarat. He was described as acquitted in ten cases and trial pending in the remaining cases. He was described as facing trial in 7 cases of which he was convicted in 3.

The source also stated that 19 cases were pending against him, including four in Chitradurga, four in Peenya, two each in MICO Layout and Baroda (Gujarat), and one each in Bellary, Kunigal, Yeshwanthpur, Jalahalli, and Hiriyur.

Locations of registered cases mentioned

Some cases registered against Reddy were described as also outside Karnataka, including two registered in Baroda, two in Ahmedabad, five in Peenya, two in Mico Layout, one in Chitradurga, two in Gangammana Gudi, Bangalore District, one in Yeshwanthpur.

Named individuals and roles

• Umesh Reddy — accused; former police constable.
• Jayashree Maradi Subbaiah — victim; widow; former nurse; raped and murdered.
• Rupa — victim; girl allegedly raped and murdered in 1996.
• Sheeba — person whose house he entered and threatened with a knife.
• Sathyavelu — person who spotted Umesh Reddy in a saloon.
• Assistant Commissioner of Police B N Nyamgowda — investigating officer; made statements about the case.
• Judge S R Bannurmath — judge who upheld the death sentence.
• Judge K Sukanya — judge who sentenced Umesh Reddy to death and imposed additional sentences.
• Justice V G Sabhahit — judge who confirmed death penalty in the divergent quantum discussion.
• Justice Ravi B Naik — judge who modified death penalty to rigorous imprisonment for life in the divergent quantum discussion.
• Justice V.G. Sabhahit — also named in the High Court Division Bench directing records.
• Justice Ravi B. Naik — also named in the High Court Division Bench directing records.
• S. Dore Raju — State Public Prosecutor directed to place appeals and records.
• Mr. Dore Raju — presented submissions urging confirmation of the verdict.
• Prosecutor V K Patil — prosecutor present during the court.
• Police inspector Nyama Gowda — inspector present; nabbed Reddy while committing another offence.
• H. T. Sangliana — City Police Commissioner who handed a cheque to Shaktivel.
• Shaktivel — autorickshaw driver who secured the arrest; received cheque of Rs 20,000.
• Nagaraja Urs — police inspector who caught Reddy as he was walking out of the saloon.
• Hoysala patrol team — participated in joint effort to apprehend Umesh Reddy.
• Sheeba’s alarm / public / police — described as participating in the apprehension.

Aftermath

The Karnataka High Court confirmed the death sentence of Umesh Reddy and upheld the trial court’s approach, rejecting the request for life imprisonment in the appeal narrative.