EKANTAPPA P.J S/O JOGAPPA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C., praying this Court to quash the FIR and complaint in Crime No.129/2018 of Raghavendra Nagar Police Station, pending on the file of II Additional Sessions Judge, Kalaburagi in FIR No.74/2018 for offences punishable under Section 504 read with Section 34 of IPC and section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State and learned counsel for respondent No.2.

(3.) The factual matrix of the case is that the respondent No.2 in his complaint dated 31.07.2018 gave a complaint to the police against the petitioners herein alleging that the complainant did not support the petitioners for their corruption and hence having ill-will against the complainant subjected him for caste humiliation and not paid salary for a period of 15 months. These two petitioners belong to Lingayat community and this harassment continued from April-2007 till date of filing the complaint. It is also alleged in the complaint that a complaint was filed against the complainant/respondent No.2 herein that he has misappropriated the funds of the college against him and also one Virupakshappa Engineer vide complaint dated 06.04.2017. The police have investigated the matter and filed the B-report. The petitioners have withheld his salary from April-2017 only on the ground that a case has been registered against him and when he went and approached the petitioners they abused taking his caste name and insulted him. It is also the allegation in the complaint that on 23.07.2018 at about 10.30 a.m., when as usual he went to office and signed in the attendance register and went to the chambers of petitioner No.1 P.J.Yekantappa and requested to make salary on the ground that his father is not keeping good health and he has to take him to Bangalore hospital. Inspite of the request made he refused to disburse the salary and abused in filthy language and this incident was witnessed by one Firoz and pacified their quarrel. Based on this complaint a case has been registered for the offence and police have also investigated the matter.