BASAVARAJ P.TATABEERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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 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 and 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 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.