IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4465/2017 BETWEEN:
1. AFROZE BANU M/O ADEEBULLA SHARIF AGED ABOUT 36 YEARS R/AT NO.221, 9TH CROSS ANWAR LAYOUT COFFEE BOARD COLONY A.C.POST, BENGALURU-560045.
2. AZEEZ S/O IBRAHIM KHAN AGED ABOUT 58 YEARS RESIDING AT NO.13, ISHAK SAHIB STREET J.C.NAGAR BENGALURU-560 006.
3. ADIL SHARIFF @ ADIL S/O MEHAHOOB SHARIF AGED ABOUT 46 YEARS R/AT NO.221, 9TH CROSS ANWAR LAYOUT COFFEE BOARD COLONY A.C. POST, BENGALURU-560045.
... PETITIONERS (BY SRI.C.R. ABDUL RASHEED, ADVOCATE) AND:
1. STATE OF KARNATAKA BY K.G. HALLI POLICE STATION BENGALURU-560046 REP. BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.
2. RAJALAKSHMI D/O VELU AGED ABOUT 23 YEARS R/AT NO.118, 4TH CROSS GOWTHAMA NAGAR SRIRAMPURA BANGALORE-560045.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND RELATED PROCEEDINGS IN CR.NO.156/2016 OF K.G. HALLI, P.S.,, BANGALORE ALLEGED OFFENCES P/U/S 3(I) (X) OF SC/ST (POA) ACT AND SECTION 376, 420, 504, 506 R/W SECTION 34 OF IPC PENDING ON THE FILE OF II ADDL. CITY CIVIL AND S.J., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos. 2 to 4 in Crime No.156/2016 registered for the offences punishable under Section 506, 376,34, 504 and 420 of IPC and r/w Section 3(1)(x)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 by Kadugondana Halli Police Station, are before this Court for quashing of said proceedings.
2. I have heard the arguments of Sri. C.R. Abdul Rasheed, learned Advocate appearing for petitioners and Sri. S.Rachaiah, learned HCGP appearing for first respondent.
3. It is urged in the petition that there is no merit in the complaint and the ingredients of 3(1)(x)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not attracted since alleged abuse transpired within four walls of the house. Hence, learned Advocate appearing for petitioners prays for allowing the petition.
4. Per contra, Sri. S. Rachaiah, learned HCGP appearing for respondent would support the prosecution initiated against petitioners.
5. Having heard the learned Advocates appearing for parties and on perusal of case papers it would emerge there from that on a plain reading of the complaint it would disclose that second respondent-complainant belongs to Adi Dravida community (Scheduled Caste) and accused No.1 is said to have lied to her by making false promise of marriage, he had forcible sexual intercourse with her on more than one occasion. She has also alleged that under the guise of threat that he would not marry her if she refused to have physical relationship with him had purportedly continued to take her to his house for having sexual intercourse. She has also alleged that she went to house of the petitioner and she was threatened not to insist for accused No.1 getting married to her and all the petitioners herein –accused Nos.2 to 4 are said to have threatened her and abused her by using her caste name in front of her house. Prima facie this allegation indicate the abuse has taken place in open and it was in the public view.
Hence, at the stage of investigation no opinion can be expressed. In that view of the matter this Court finds there is good ground to entertain this petition.
Accordingly, petition stands rejected.
SD/- JUDGE RU