Allowed

G Murthy v. the State of Karnataka

Karnataka HC14 Sept 2023WP/12/2019

Case brief

AI extract

What is this about?

High Court held that criminal proceedings initiated against petitioners for alleged hooliganism and caste-based offences were nothing short of harassment. The court quashed the prosecution against the petitioners while allowing investigation to continue against other accused.

What did the court decide?

Proceedings against petitioners (accused Nos.8 and 6) in Crime No.591/2018 under IPC and SC/ST Act are quashed; investigation against other accused continues.

G Murthy Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2023)

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1 - NC: 2023:KHC:33583 WP No. 12 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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WRIT PETITION NO. 12 OF 2019 (GM-RES)

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BETWEEN:

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G. MURTHY S/O LATE M. GANGAPPA, AGED ABOUT 52 YEARS, R/AT MADANAYAKANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562 123.

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NANDA SINGH W/O SHASHIKUMAR SINGH, AGED ABOUT 33 YEARS, MAKALI POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562 123.

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…PETITIONERS

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(BY SRI. CHOKKAREDDY, ADVOCATE)

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA MADANAYAKANAHALLI POLICE STATION, NELGAMANGALA SUB DIVISION, BANGALORE RURAL DISTRICT, REP. BY SPP, HIGH COURT BUILDINGS, BANGALORE-560 001

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DR. RATHNA PRABHA W/O NAGAPPA, AGE 44 YEARS, WORKING AT MAKALI GOVERNMENT PRIME HEALTH CENTRE, NELAMANGALA, BANGALORE RURAL DISTRICT-562 123

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…RESPONDENTS

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NC: 2023:KHC:33583 WP No. 12 of 2019

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(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SRI. PRABHUGOUD B TUMBIGI, ADVOCATE FOR RESPONDENT NO.2)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.591/2018 DATED 23.11.2018 REGISTERD BY THE RESPONDENT NO.1 FOR ALLEGED OFFENCES UNDER SECTIONS 143, 341, 186, 504 READ WITH SECTION 149 OF THE INDIAN PENAL CODE, 1860 AND UNDER SECTION 3(1) (r) AND (s) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AS PER ANNEXURES-A AND B.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have called in question the proceedings initiated against them in Crime No.591/2018 for the offences punishable under Sections 143, 341, 186, 504 read with Section 149 of the Indian Penal Code, 1860 (for short, 'IPC') and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act of 1989’).

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NC: 2023:KHC:33583 WP No. 12 of 2019

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Criminal proceedings were initiated against the

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petitioners by respondent No.1 on information furnished by respondent No.2 on 23.11.2018, that she was a Medical Officer working at Government Hospital, Makali (henceforth referred to as ‘the hospital’). She claimed that certain employees working under her were claiming 30% House Rent Allowance (HRA) though they were entitled to 10% and in that regard, she had written to her superiors which resulted in her subordinates drawing only 10% HRA. As a result, the subordinates were having a grievance against her which was informed by her to her superiors. She alleged that her subordinates were unnecessarily involving the local panchayat and its members. She claimed that on 20.11.2018 at about 10.30 a.m., her subordinates had huddled in a discussion with

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Smt. Anupama, a junior Health care Assistant. She claimed that she informed them to go back to their work and Smt. Anupama was directed to secure signature for a voucher. At that time, the mother and brother of Smt.Anupama entered the hospital and abused respondent

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NC: 2023:KHC:33583 WP No. 12 of 2019

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No.2 by taking her caste. About an hour later, the petitioner No.2 herein along with 4 to 5 ladies and about 10 boys barged into the hospital and directed respondent No.2 to bring attendance register and attend a meeting. She alleged that the petitioner No.2 and others obstructed her from performing her duties and that the petitioner No.2 in a raised voice, informed the persons gathered there that if the petitioner No.1 was summoned, he would teach respondent No.2 a lesson. About 10 to 15 minutes later, the petitioner No.1 went to the hospital and claimed that respondent No.2 was unfit to work as a Doctor and if she was not interested to work there, she may submit her request in writing.

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Based on these allegations, the respondent No.2 claimed that she was humiliated and was unable to perform her duties at the hospital and therefore, she locked herself up in a room and consumed about 35 to 40 paracetamol tablets. She claimed that her husband telephoned her and that she informed him to look after the

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5 - NC: 2023:KHC:33583 WP No. 12 of 2019

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children as she may not survive. She claimed that Asha workers pounded the door and when she opened it, she lost consciousness and thereafter, when she regained consciousness, she was at M.S. Ramaiah Hospital. She, therefore, claimed that all the accused were responsible for committing the offences punishable under Sections

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143, 341, 186, 504 read with Section 149 of IPC and under Sections 3(1)(r) and 3(1)(s) of the Act of 1989. The respondent No.1 registered Crime No.591/2018 for the aforesaid offences and took up investigation. The petitioner Nos.1 and 2, who were arraigned as accused Nos.8 and 6 respectively, have filed this petition challenging initiation of criminal proceedings against the petitioners.

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Learned counsel for the petitioners contended that the petitioners are the members of Arogya Rakshana Samithi and therefore, are entitled to visit the hospital. He claimed that since there was disturbance in the hospital, petitioners had visited the hospital to speak to all

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the employees there to work out a solution and that the petitioners have been targetted by the respondent No.2. Even otherwise, he says that the petitioners are in no way responsible for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Act of 1989. He further contends that the petitioner was not responsible for any offence punishable under Section/s 143 or 341 or 186 or 504 or 149 of IPC. He, therefore, contends that the petitioners have been unnecessarily sought to be prosecuted by the respondents.

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Per contra, the learned counsel for respondent No.2 submitted that it was the petitioner No.1 who pushed the respondent No.2 to attempt to commit suicide as he humiliated respondent No.2 in front of the other staff. He contended that the petitioner No.2 had also threatened the respondent No.2 and therefore, both the petitioners were involved in committing an offences punishable under Sections 143, 341, 504, 186 read with Section 149 of IPC and under Sections 3(1)(r) and 3(1)(s) of the Act of 1989.

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NC: 2023:KHC:33583 WP No. 12 of 2019

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Learned High Court Government Pleader on the

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other hand, contended that the investigation is yet to begin and therefore, it is not prudent to quash the proceedings at this stage.

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I have considered the submissions made by the learned counsel for the petitioners and the learned counsel for the respondent No.2 and the learned High Court Government Pleader.

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A perusal of the information furnished by the respondent No.2 before the respondent No.1 discloses that respondent No.2 had a grievance against her subordinates, namely, accused Nos.1, 2, 3, 4, 5 and others, who too had a grievance against respondent No.2. As a matter of fact, a reading of the entire complaint discloses that the respondent No.2 and the other employees at the hospital had locked horns over some issue. The role of the petitioners herein was too limited to attract the offences punishable under Sections 143, 341, 186, 504 read with Section 149 of IPC. There is no

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allegation against the petitioners in so far as the offence punishable under Sections 3(1)(r) or 3(1)(s) of the Act of 1989. If the petitioners were members of Arogya Rakshana Samithi, they were entitled to visit the hospital in the course of their duties and therefore, they cannot be accused of entering the hospital with an intent to harass the respondent No.2.

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In that view of the matter, the prosecution of the petitioners in Crime No.591/2018 is nothing short of harassment and therefore, the impugned prosecution against the petitioners cannot be continued.

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Hence, this petition is allowed and the proceedings against the petitioners herein/accused Nos.6 and 8 in Crime No.591/2018 for the offences punishable under Sections 143, 341, 186, 504 read with Section 149 of the Indian Penal Code, 1860 and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending consideration before the II Additional District and Sessions Judge,

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NC: 2023:KHC:33583 WP No. 12 of 2019

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Bengaluru Rural District, Bengaluru is quashed. The investigation against the other accused shall continue in Crime No.591/2018.

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In view of disposal of this petition, the pending interlocutory application stands disposed off.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 38

G Murthy v. the State of Karnataka

Case brief

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G Murthy v. the State of Karnataka

Case brief

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