Allowed

Devendrappa S/O Hanumantappa Vaddarahatti v. the State of Karnataka

Karnataka HC12 Oct 2022CRL.P/101248/2022

Case brief

AI extract

What is this about?

A single judge of the Karnataka High Court allowed a criminal petition filed under Section 482 CrPC seeking quashing of proceedings. Relying on parity with a previously disposed petition against a co-accused, the court quashed the impugned proceedings against the petitioner in Special Case No.27/2020.

What did the court decide?

The Criminal Petition is allowed. The impugned proceedings in Special Case No.27/2020 are quashed insofar as they relate to the petitioner accused No.1.

Devendrappa S/O Hanumantappa Vaddarahatti Vs the State of… — Caste Atrocities | Karnataka HC (2022)

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CRL.P No. 101248 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101248 OF 2022 (482-)

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BETWEEN:

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DEVENDRAPPA S/O HANUMANTAPPA VADDARAHATTI AGE. 36 YEARS, OCC. POSTAL ASSISTANT IN KUKANUR POST OFFICE R/O. OBALABANDI TQ. KANAKAGIRI DIST. KOPPAL, PRESENTLY WORKING AT GANJENDRAGAD POST OFFICE DIST. GADAG-582114

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…PETITIONER

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(BY SRI. VIJAY S. CHINIWAR, ADVOCATE)

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AND:

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John Doe

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Digitally signed by John Doe Location: High court of Karnataka, Dharwad Bench, Dharwad

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THE STATE OF KARNATAKA THROUGH KOPPAL WOMEN P.S. DIST. KOPPAL, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT. DHARWAD

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CHAITRA D/O PARASHURAMA BHOVI AGE. 23 YEARS, OCC. BRANCH POST MASTER

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CRL.P No. 101248 of 2022

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R/O. YADIYAPUR BRANCH (NOW SHE HAS SUSPENDED) NOW R/O. SAI DISHA P.G.KOPPAL KOPPAL-583231

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…RESPONDENTS

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(BY SRI. V.S.KALASURMATH, HCGP FOR R1, R2 SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE SEEKING TO QUASH THE COMPLAINT, FIR AND CHARGE SHEET FILED BY THE DY.S.P. KOPPAL (IN KOPPAL WOMEN P.S. CRIME NO.31/2020 IN SPECIAL C.C. (AC) NO.27/2020 AND ALSO THE ORDER DATED 05.11.202020 TAKING COGNIZANCE ON THE SAID CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(A), 506, 448 R/W-34 OF IPC., AND UNDER SECTION 3(1)(R)(S) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, AT KOPPAL, IN SO FOR AS PETITIONER IS CONCERNED.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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CRL.P No. 101248 of 2022

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ORDER

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Charge sheet is filed against the petitioner-accused No.1 and another accused. The summary of the charge sheet is as follows:

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Informant Smt.Chaitra D/o. Parashuram Bhovi was working as branch Post Master at Yadiyapur Branch, taluka Kukanur since 2 ½ years and used to go to Kukanur Sub-Office for office work. The accused No.1-Devendrappa S/o. Hanumantappa Vaddarhatti, who is working as a postal Assistant at Kukanur Sub-Office since one year was unnecessarily finding fault in her office works and used to abuse her and also used to misbehave by touching her hand inappropriately in the guise of receiving letters and thereby sexually harassed her. The accused No.1 being the Postal Assistant at Kukanur Sub-Office, Koppal sub-Division having jurisdiction over Branch Post Offices coming under Kukanur Sub-Office in collusion with accused No.2 used to abuse her by saying that she not going to office regularly and she was keeping pass book money with her without depositing in the post office. On 15.10.2019, at 03.00 p.m., petitioner, accused No.2, along with CWs.4, 5 and 6 who are branch post masters

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CRL.P No. 101248 of 2022

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of different branches trespassed into the rented house of the complainant situated at Kukanur and entered the bed room and pulled her by holding her hand and opened her bag and took 10-15 pass books forcibly and obtained her signature and date. The accused threatened the complainant stating that how she will work and she was sexually harassed as she belongs to Bhovi-scheduled caste and both the accused belongs to upper caste. Accused Nos.1 and 2 had contacted CWs.4 to 6 and told them not to reveal their visit to her house after alleged consumption of sleeping pills. The learned Sessions Judge took cognizance of the offences punishable under Sections 354(A), 506, 448 read with Section 34 of IPC and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the Petitioner. Taking exception to the same, this petition is filed.

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I have examined the submissions made by the learned counsel for the parties.

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Against the impugned proceedings, the accused No.2 had filed Criminal Petition No.101641/2020 and this Court by order dated 04.04.2022 quashed the impugned proceedings as against accused No.2. The allegations made against the

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CRL.P No. 101248 of 2022

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accused No.1 and 2 are similar and they stand on the same footing. So as to maintain parity, this petition requires to be disposed of in terms of the order passed in Criminal Petition No.101641/2020. Accordingly, I pass the following:

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ORDER

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Criminal Petition is allowed.

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The impugned proceedings in Special Case No.27/2020 pending on the file of the Principal District and Sessions Judge, Koppal insofar it relates to the petitioner – accused No.1 is hereby quashed.

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Sd/JUDGE

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RSH

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List No.: 1 Sl No.: 67

Devendrappa S/O Hanumantappa Vaddarahatti v. the State of Karnataka

Case brief

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Devendrappa S/O Hanumantappa Vaddarahatti v. the State of Karnataka

Case brief

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