IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.7522/2018 BETWEEN:
1. R. MANJUNATHA S/O B. M. RAMESH AGED ABOUT 33 YEARS, PRESENTLY R/A NO.21, 1ST CROSS MANISWAMAPPA LAYOUT KAVALABYRASANDRA R T NAGAR POST BENGALURU-560032.
2. PURSHOTHAM S/O B. M. SHIVASHANKAR AGED ABOUT 34 YEARS, PRESENTLY R/A NO.21, 1ST CROSS, MANISWAMAPPA LAYOUT, KAVALABYRASANDRA, R T NAGAR POST, BENGALURU-560032.
3. NANDISHA S/O NAGAPPA, AGED ABOUT 28 YEARS, PRESENTLY R/A NO.125, 1ST MAIN ROAD THAMMAYAPPA COMPOUND, NEAR VENKATAPPA FLOUR MILLS, R T NAGAR POST, BENGALURU-560032.
4. GURUMURTHY @ GANDHI S/O MANJUNATHA AGED ABOUT 23 YEARS, PRESENTLY R/A NO.7, 6TH CROSS MUNI NAGAPPA LAYOUT, KAVALABYRASANDRA, R T NAGAR POST, BENGALURU-560032.
... PETITIONERS (BY SRI Y. SADASHIVA REDDY, SENIOR COUNSEL A/W SRI RAHUL S. REDDY, ADVOCATE) AND:
1. THE STATE BY DEVARA JEVANAHALLI P.S REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001.
2. ANIRUDH S/O CHANDRASHEKAR R AGED ABOUT 18 YEARS, R/A NO.82, RAMAIAH BUILDING KAVALABYRASANDRA R T NAGAR POST BENGALURU-560032 ... RESPONDENTS (BY SRI S. CHANDRASHEKHARAIAH, HCGP FOR R1; R2 SERVED AND UNREPRESENTED ) …… THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.240/2018 REGISTERED BY DEVARA JEVANAHALLI POLICE STATION ON THE FILE OF 71 CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(1)(X) OF SC/ST (POA) ACT AND SECTION 323 AND 34 OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners have been arraigned as accused in Crime No.240/2018 registered for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1989 and Section 323 r/w 34 of the Indian Penal Code.
2. I have heard the arguments of Sri Y. Sadashiva Reddy, learned Senior Counsel appearing on behalf of Sri Rahul S. Reddy for petitioners and Sri S. Chandrashekharaiah, learned High Court Government Pleader appearing for the respondent No.1 and perused the records. Respondent No.2-complainant is served and unrepresented.
3. On 14.9.2018, respondent No.2 lodged a complaint with Devara Jevanahalli Police Station alleging that on said date while ‘Ganesha Procession’ was being taken out, an altercation took place between two (2) groups who had taken out procession as to which group will have to proceed first and in that process, the accused persons had assaulted him and also abused him that he belonged to a lower caste and as such, sought for suitable action be taken against the petitioners. Accordingly, jurisdictional police have registered a first information report in Crime No.240/2018 for the aforesaid offences.
4. Having heard learned Advocates appearing for parties and on perusal of materials on record, it would reveal that alleged incident had taken place on 14.9.2018 and jurisdictional police have invoked Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act which undisputedly was no longer in existence on the statute book as on the date of registration of the complaint and as such, said provision could not have been invoked. Infact, Co-ordinate Bench of this Court in Criminal Petition No.8627/2016 disposed of on 9.12.2016 on this ground alone had quashed the proceedings registered against the petitioner therein.
5. Petitioners in the present case are also placed in similar situation viz., Section 3(1)(x) of SC and ST (Prevention of Atrocities) Act has been invoked and the corresponding provision which is now in place of Section 3(1)(x) amended by Act No.1/2016 which was available to the prosecution, for the reasons best known has not been invoked though same ought to have been invoked.
6. In that view of the matter, proceedings against the petitioners for the offence alleged under Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act cannot be proceeded with. However, there being imputation of allegation made against the petitioners for assault of the complainant, said proceedings ought to be proceeded and prayer for quashing entire proceedings cannot be acceded to.
7. Hence, the following:
ORDER i) Criminal Petition is allowed in part;
ii) Proceedings initiated against petitioners in Crime No. 240/2018 by the Devara Jevanahalli Police Station for the offence punishable under Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act stands quashed and they are acquitted of said offences for reasons aforestated and no opinion is expressed on merits;
iii) However, it is made clear that proceedings would continue against the petitioners for the offence punishable under Section 323 r/w 34 of Indian Penal Code.
Nsu/-
SD/- JUDGE