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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Seven Hills Developers And Traders, Represented By Its Director Sri D. Sudhakar – Appellant
Versus
State Of Karnataka, Through Yelahanka Police Represented By State Public Prosecutor High Court Of Karnataka, Bengaluru – Respondent
ORDER :
M. NAGAPRASANNA, J.
The 1st petitioner a Company by name Seven Hills Developers and Traders and other individuals are at the doors of this Court calling in question registration of a crime in Crime No.373 of 2023 registered for offences punishable under Sections 427 , 143, 147, 149, 323, and 447 of the IPC and Sections 3(1)(r), 3(1)(g), 3(1)(f) and 3 (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act’ for short).
2. Heard Sri Ravi B.Naik, learned senior counsel appearing for the petitioners, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri S.Yathiraj, learned counsel appearing for respondent No.2.
3. Facts, in brief, germane are as follows: -
The 2nd respondent the complainant. The 2nd respondent sold certain agricultural lands bearing Sy.No.108/1 in Yelahanka Village and Hobli, Bangalore North Additional Taluk, Bengaluru by way of a registered sale deed dated 24-09-2021 and is said to have put the 1st petitioner/company in possession thereof. The 1st petitioner/company which is said to be put in possession, is in possession of the property as on the date of registration of compla
The court reaffirmed that criminal proceedings cannot be initiated based solely on civil disputes; the FIR was quashed due to lack of substantive allegations of a crime under the relevant laws.
Delay in lodging a complaint and lack of sufficient evidence obscured intent to humiliate under the Scheduled Castes and Scheduled Tribes Act, leading to quashing of proceedings.
Section 465 of IPC deals with punishment for forgery.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
Insults under the Scheduled Castes and Scheduled Tribes Act require public visibility and an intent to humiliate; mere civil disputes do not qualify as offences under this Act.
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