KIRAN GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are arraigned as accused No.1,

(2.) and 9 have filed this petition under sec. 482 of Cr.P.C., to quash the proceedings in Crime No.103/2021 (Special Case No.1037/2021) pending on the file of the I- Additional District Judge, Ballari for the offence punishable under Sec. 323 , 324 , 504 , 506 read with 34 of IPC and under Sec. 3(1) (r), 3(1)(s), 3(1)(w)(i), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short "SC/ ST Act "). 2. It is the case of the petitioners that on 12/9/2021 in between 5 to 6.30 pm, a quarrel took place between two groups regarding immersion of Ganesh. In the said incident, petitioners sustained injuries. However, on 15/9/2021 based on the complaint filed by the opponent party i.e. respondent No.2, respondent No.1- police have registered a case in Crime No.103/2021 against the petitioners and twelve other persons for the offence punishable under Sec. 323 , 324 , 504 , 506 read with 34 of IPC and under Sec. 3(1) (r), 3(1)(s),

(3.) (1)(w)(i), 3(2)(v-a) of the SC/ ST Act . After the advise of the villagers, accused No.8 filed complaint against respondent No.2 and twelve others for the offence punishable under Sec. 143 , 147 , 341 , 504 , 323 , 324 read with 149 of IPC and the same is registered in Crime No.104/2021. After investigation, charge sheet came to be filed against the petitioners and twelve others and it is numbered as Special Case No.1037/2021 and it is pending before the I-Additional District and Sessions Judge, Ballari. However the complaint filed against respondent No.2 and others is investigated by other police and charge sheet is filed in C.C.No.1/2022 on the file of the Principal Senior Civil Judge and CJM, Harapanahalli. 3. Respondent No.1 has appeared through the learned HCGP. After due service of notice, respondent No.2 appeared through Sri. S. B. Doddagoudar, learned counsel.