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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Lokesh S., S/o. Late Puttaraju – Appellant
Versus
State Of Karnataka, State By Shravanabelagola Police Station, Represented By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. dispute over land ownership and occupation (Para 1 , 3 , 8) |
| 2. arguments regarding presence and intent (Para 4 , 5 , 6) |
| 3. court's analysis on criminal charges (Para 7 , 9 , 10) |
| 4. outcome of proceedings and charges sustained (Para 11) |
ORDER :
M. NAGAPRASANNA, J.
The petitioners three in number, accused 1, 2 and 3, stand at the doors of this Court, calling in question proceedings in Special Case No.53/2024 registered for the offences under Sections 447, 354, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(1)(g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as ‘the Act’ for short).
2. Heard Sri Girish B. Baladare, learned counsel for the petitioners, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri J.C.Kumar, learned counsel for respondent No.2.
3. Facts enumerated are as follows:
The tussle is between the complainant and these petitioners for a particular piece of land, which the petitioners claim that they are in unauthorised occupation and the complainant claims that it has been granted to her way back in the year 1978. Owing
Charges under the Scheduled Castes and Scheduled Tribes Act cannot stand without evidence of insult or intimidation occurring in public view, while IPC offences are sustained as evidence supports the....
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.
The main legal point established in the judgment is the application of the principles of abuse of process of law and mala fide intentions in filing a complaint, as outlined in State Haryana Versus Bh....
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