PUSHPAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 Cr.P.C. seeking quashing of the proceedings in Spl. Case No.16/2016 pending on the file of I Additional District and Sessions Judge, Chikkamagaluru, wherein they have arrayed as accused Nos.3 and 4 for the alleged offences punishable under Sections 341 , 504 , 323 , 355 , and 506 r/w Section 34 of IPC and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short the "SC and ST Act ").

(2.) It is the case of the prosecution that one Manjunatha is the husband of Smt. Pushpavathi (petitioner No.1) and their sons Dileepa (petitioner No.2) and Somashekara (accused No.2). It is alleged that the said Manjunatha was appointed as a driver in the Department of Animal Husbandry in the year 1996 at Hesaraghatta and subsequently was posted at Ajjampura. It is further alleged that Smt. Pushpavathi wife of the complainant H. Nagaraja was the colleague of the said Manjunatha. The complainant alleged that on 20.09.2015 at about 10.00 p.m. in the night, all the aforesaid accused persons entered into an argument with the complainant and his wife and pursuant thereto, they quarreled with them and abused them with reference to their caste in a derogatory fashion. It is alleged that the accused persons also assaulted the complainant and his wife and thereby committed the aforesaid offences under the said provisions of IPC as well as the SC and ST Act .

(3.) By order dated 28.09.2015, before the charge sheet was laid by the police authorities, all the accused persons including the petitioners herein were granted bail by the trial Court. Subsequently, by order dated 05.03.2016, the trial Court took cognizance of the instant case and directed issuance of summons to the accused persons. It is relevant to state that while petitioners and Manjunatha remained as accused, the aforesaid Somashekara - accused No.2 was dropped from the array of the accused persons in the charge sheet. Aggrieved by the same, the petitioners are before this Court in the present petition.