IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 7^th DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.102543/2019

BETWEEN:

BASAVARAJ P TATABEERI,

S/O. PARASAPPA TATABEERI,

AGED ABOUT 29 YEARS,

OCC: ADVOCATE,

DHANUSHRI NILAYA,

SECTOR NO. 8 PLOT NO.191/92

NAVANAGAR, BAGALKOT-587 101.

... PETITIONER

(BY SRI. AVINASH ANGADI, ADV.)

AND:

1 . STATE OF KARNATAKA

BY NAVANAGAR POLICE STATION

REPTD. BY ITS STATE PUBLIC

PROSECUTOR, HIGH COURT OF

KARNATAKA, DHARWAD

2 . CHANDRU RATHOD

S/O. LACHHU RATHOD,

AGE: 50 YEARS,

OCC: SOCIAL WORKER,

SECTOR 18, NAVANAGAR,

BAGALKOT-587 103.

... RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1.

SRI. R.G.DHONGADI AND SRI. S.S. NIRANJAN,

ADVS. FOR R2)

2

THIS CRIMINAL PETITION IS FILED U/SEC.482 OF

CR.P.C.,PRAYING

TO

ALLOW

THIS

PETITION

AND

QUASH THE COMPLAINT, FIR IN CRIME NO.32/2019

REGISTERED

BY

NAVANAGAR

POLICE,

BAGALKOT,

CHARGE SHEET DATED 26/05/2019, ORDER OF TAKING

COGNIZANCE

DATED

19/06/2019

IN

SPL.C.C.

NO.29/2019 BY THE II ADDL. DISTRICT AND SESSIONS

JUDGE, BAGALKOT FOR OFFENCES PUNISHABLE UNDER

SECTION 323, 324, 504, 506 OF IPC AND SECTION

3(1)(r), 3(2)(va), 3(1)(s) OF SC AND ST (PREVENTION

OF ATROCITIES) AMENDMENT ACT, 2015 AND ALL

FURTHER PROCEEDINGS PURSUANT TO THEREIN IN

RESPECT OF THE PETITIONER HEREIN IN SO FAR AS

PETITIONER CONCERNED.

THIS PETITION COMING ON FOR ADMISSION,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The

petitioner/accused

has

filed

this

petition under Section 482 of the Code of

Criminal Procedure, 1973 (hereinafter referred

to as the ‘Cr.P.C.’, for short) seeking quashing

of the complaint, FIR in Crime No.32/2019 of

Navanagar Police Station, Bagalkot, charge-

sheet dated 26.05.2019, the order of taking

cognizance

dated

19.06.2019

in

Spl.CC.

No.29/2019 by the leaned II Additional District

3

and Sessions Judge, Bagalkot, for the offence

punishable under Sections 323, 324, 504 and

506 of IPC and Section 3(1)(r) and 3(1)(s) of

the Scheduled Castes and the Scheduled Tribes

(Prevention

of

Atrocities)

Act,

1989

(hereinafter referred to as the ‘SC & ST (POA)

Act’, for short) and all further proceedings

pursuant thereto.

2.

Heard the learned counsel for the

petitioner, the learned High Court Government

Pleader for respondent No.1-State and the

learned counsel for respondent No.2.

3.

Brief facts of the case are that on

20.04.2019, at about 10.30 am, respondent

No.2/complainant, on his personal work, had

gone to meet advocates Mr. Suresh Patil and

Halaki and they were sitting outside at Kumbar

4

tea shop which is in front of the Court complex

of Bagalkot. When all of them were sitting

together, the petitioner/accused all of a sudden

came near the complainant and started abusing

him on his caste and abused him in filthy

language. The petitioner along with some

other two persons took one rod from the

puncture shop and assaulted the complainant

on

his

right

leg

and

again

abused

the

complainant in filthy language and threatened

him with dire consequences in case if he lodges

complaint before the police station or before

Superintendent of Police against him.

4.

The

petitioner

warned

the

complainant in case he asks money of Rs.3.00

lakhs from his father then, he will destroy the

family of the complainant, again attempted

assault the complainant with stone and tried to

5

kill

the

complainant.

Respondent

No.2/complainant lodged the complaint before

Navanagar Police Station, Bagalkot at 18.30

hours on 20.04.2019.

5.

The

Police

registered

the

said

complaint in Crime No.32/2019 for offence

punishable under Sections 323, 324, 307, 504

and 506 and 34 of IPC and Sections 3(1)(r)

and 3(1)(s) and 3(2)(Va) of SC & ST (POA)

Act,

1989.

The

police

after

completing

investigation filed charge sheet against the

petitio