SAIBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent No.1-State. Inspite of issuance of notice against respondent No.2/complainant, he did not choose to appear before the Court in person or engage the services of a counsel.

(2.) The factual matrix of the case is that on 27.06.2020 at about 6.00 a.m., when respondent No.2/complainant was going in front of the house of petitioner Nos.1 and 2, at that time, the first petitioner's son Vishwanath, Ashwath and petitioner No.2 stopped respondent No.2 and abused him in a filthy language and petitioner No.1 caught hold of the shirt of respondent No.2 and pulled him. The accused Vishwanath assaulted him with his hands on the backside of the complainant and the accused Ashwath assaulted with hand on the face of respondent No.2 and petitioner No.2 kicked to the waist. This incident was witnessed by Laxmibai, Ningappa Nadigeeri and Birappa Revoor and they pacified the incident and at that time, the accused persons abused in a filthy language and caused the life threat.

(3.) The learned counsel for the petitioners submits that a false case has been registered against four persons at the first instance while registering the FIR and after the investigation, dropped two persons and filed the charge sheet against only these two petitioners. The learned counsel would submit that very dropping of two persons while filing the charge sheet itself shows that a false case is registered against the petitioners. The learned counsel would submit that these petitioners have filed the case against the complainant and the same was registered as Crime No.309/2020 and the charge sheet is also filed in the said case and this is a counter-blast and false allegations are made in the complaint and it amounts to an abuse of process. If the proceedings is continued, it leads to miscarriage of justice.