Karnataka High Court
Malleshappa S/O. Tirakappa Bagasar vs State Of Karnataka By on 24 October, 2016
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 24TH DAY OF OCTOBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
CRIMINAL PETITION No. 10690/2013
BETWEEN:
1. MALLESHAPPA S/O. TIRAKAPPA BAGASAR
AGE: 26 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
2. ANANDAPPA
S/O. YALLAPPA BHAGANNAVAR
AGE: 33 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
3. PRAKASH S/O. YALLAPPA DEVASUR
AGE: 26 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
4. MADEVAPPA S/O. FAKKIRAPPA BAGASAR
AGE: 46 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
5. MANJAPPA S/O. VIRUPAXAPPA VENKATAPUR
AGE: 26 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
6. ASHOK S/O. BASAVANNEPPA BAGANNAVAR
AGE: 31 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI
7. ASHOK S/O. SHEKAPPA BADIGER
AGE: 33 YEARS, R/O. HERUR VILLAGE,
TQ: HANGAL, DIST: HAVERI ... PETITIONERS
(BY SRI. ARAVIND D. KULKARNI, ADVOCATE)
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AND:
STATE OF KARNATAKA BY
DY.S.P. SHIGGAON, SUB DIVISION
R/BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
CIRCUIT BENCH, DHARWAD
... RESPONDENT
(BY PRAVEEN K. UPPAR, HCGP)
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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ORDER DATED 23.11.2011 PASSED BY
THE SPECIAL JUDGE, HAVERI, IN SPL. CASE NO.20/2011 AND
SET ASIDE ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The case of the complainant is that on 24.09.2011 all the accused assaulted the complainant, abused him by taking his caste as Talawar. Based on the complaint, a case was registered in crime No.135/2011 for the offences punishable under Sections 143, 147, 323, 504, 506 R/w. Section 148 of IPC and Section 3(i)(x) of SC/ST PA Act, 1989. Seeking to quash the proceedings, present petition is filed.
2. The learned counsel for the petitioner contends that it is only in the subsequent statement that the complainant has stated that he was abused. That his cast is Walmiki and not Talawar. In :3: terms of the Government order, Talwar does not come under Schedule Caste or Schedule Tribe. Therefore, even if the prosecution case is to be accepted no offence under SC/SC (Prevention of Atrocities) Act is made out. Insofar as the offence under Indian Penal Code is concerned, there are no material to implicate the petitioner.
3. On hearing the learned counsel, I'am of the considered view that there is no merit in this petition. Insofar as the case of the prosecution against the petitioner is concerned, the statement of the accused has been recorded. He has stated that he has taken the caste as Walmiki. Whether he has stated as Talawar or Walmiki is a matter for trial. Whether such a community forms part and parcel of the Government order is part of the record. Therefore, I'am of the considered view that insofar as this offence is concerned, it is not appropriate for this Court to interfere under Section 482 Cr.P.C. With regard to the same, the trial Court would have to deal with it.
4. Insofar as the offence under Indian Penal Code is concerned, there are serious allegations made against the :4: petitioner of assault and abuse etc. This too is a matter for trial. This Court cannot record a finding with regard to the allegation being made or otherwise. Even otherwise, I'am of the considered view that based on the material available, it is not a fit case where the proceedings are required to be quashed.
Consequently, the petition being devoid of merit is dismissed.
In view of the pendency of this petition since the year 2013, the trial Court is directed to dispose off this petition within a period of six months from the date of receipt of copy of this order and if necessary, complete the trial on a day to day basis.
Sd/-
JUDGE gab