Allowed

Sri Somanath, v. State of Karnataka

Karnataka HC10 Dec 2024CRL.P/2627/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition filed under Section 482 CrPC to quash proceedings against the petitioner-accused. Relying on a prior order quashing charges against Accused No. 1 where the court found no material evidence of assault, the present proceedings were also quashed due to lack of corroboration and injury.irect proof. No injury indicating assault negatively impacted the State.

What did the court decide?

The criminal proceedings against petitioner-accused No. 2 in Spl.C.C.No.3/2018 are quashed insofar as it relates to him.

Sri Somanath, Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:51119 CRL.P No. 2627 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 2627 OF 2023

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BETWEEN:

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SRI SOMANATH, S/O VENKATESHAPPA, AGED ABOUT 32 YEARS, RESIDING AT SITHARAM BUILDING, BEMEL NAGAR, KALIKERE GRAMA, DUGASANDRA HOBLI, H. GOLLAHALLI PANCHAYTHI, MULABAGILU TALUK, GAJALADINEE ROAD, KOLAR DISTRICT - 563 101.

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…PETITIONER

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(BY SRI. KARTHIK NATESH, ADVOCATE FOR SRI. ABHISHEK JANARDHAN, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY GULPET POLICE STATION, KOLAR TALUK AND DISTRICT, REPRESENTED BY SPP OFFICE HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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K.C. RAJANNA @ RAJU, S/O LATE MUNISWAMY, AGED ABOUT 40 YEARS, RESIDING AT 3^RD MAIN ROAD, GANDHINAGARA, KOLAR DISTRICT - 563 101.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1 R2 SERVED-UNREPRESENTED)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR DATED 26.07.2018

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NC: 2024:KHC:51119 CRL.P No. 2627 of 2023

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REGISTERED IN CR.NO.104/2018 REGISTERED BY 1ST RESPONDENT POLICE FOR THE ALLEGED OFFENCES P/U/S 143, 147, 148, 323, 324, 506, 307 AND 120(B) R/W 149 OF IPC, 1860 AND SECTION 3(2)(v) OF SC/ST (POA) ACT, 1989, COMPLAINT DATED 26.07.2018, CHARGE SHEET DATED 23.10.2018 IN SPL.S.C.NO.3/2018 PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., KOLAR DISTRICT AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for the State.

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The petitioner, Accused No. 2, is facing charges under Sections 143, 147, 148, 323, 324, 504, 506, 307, and 120(b) read with Section 149 of the Indian Penal Code (IPC), as well as Sections 3(1)(10) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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It is noted that Accused No. 1 previously approached this Court in Crl.P. No. 9474/2018, and, by an order dated 09.02.2023, this Court quashed the proceedings against Accused No. 1 with the following observations:

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" 7. In the FIR, it was alleged that, the defacto complainant, after the alleged incident, went to the Kolar Rural Police Station, and thereafter, went to the hospital to take treatment and, after taking treatment,

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3 - NC: 2024:KHC:51119 CRL.P No. 2627 of 2023

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he returned back, and lodged the complaint with the Gulpete Police Station. However, the Police patrolling personnel, i.e., the charge sheet witnesses 3 to 5 in their statement under Section 161 of Cr.P.C. have stated that after the incident, they have taken the defacto complainant for treatment to the hospital.

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8. The wound certificate produced along with the charge sheet indicates that, the defacto complainant has complained, pain over his back, and it does not establish that, there was an assault by the petitioner-accused as alleged in the FIR.

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9. There is no corroborative material produced along with the charge sheet, that the defacto complainant has sustained any injury due to the alleged assault by the petitioners-accused. There are no eye-witnesses to the incident, except the self serving statement of the defacto complainant. In my view, the material produced along with the charge sheet clearly discloses that there was no attempt made by the petitioners-accused to do away with the life of the defacto-complainant by causing any injury either simple or grievous.

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10. There is no allegation that the petitioneraccused fully knowing that the defacto complainant belongs to SC/ST community, either assaulted him or abused him with reference to his caste. In the absence of any material, the charge sheet filed for the offence under Section 3(1)(10), 2 (v) of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 is also without any substance".

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In view of the above, this petition also requires to be disposed of, in light of the order passed by this Court in the aforesaid petition. Accordingly, I pass the following:

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NC: 2024:KHC:51119 CRL.P No. 2627 of 2023

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ORDER

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i. Criminal Petition is allowed.

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ii. The impugned proceedings in Spl.C.C.No.3/2018 on the file of the II Additional District and Sessions Judge, at Kolar insofar as it relates to petitioner-accused No.2 is hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKN List No.: 1 Sl No.: 63

Sri Somanath, v. State of Karnataka

Case brief

What is this about?

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Sri Somanath, v. State of Karnataka

Case brief

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