HANAMANTRAYA Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of Cr.P.C. praying to quash the FIR and complaint in Crime No.37/2023 of Sindagi police station, Vijayapur district, registered for the offence punishable under Ss. 306 read with Sec. 149 of IPC, pending on the file of learned Senior Civil and JMFC, Sindagi.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. Petitioner is accused No.3, respondent No.1 is the complainant - State and respondent No.2 is the de-facto complainant.

(3.) Brief facts of the prosecution case are as under: On 13/2/2023, the complainant Smt.Mahadevi lodged a complaint to the respondent - police, alleging that, she has been residing at Korwar, Devar Hipparagi taluka, along with her family and since 14 years, her husband Basavaraj (deceased) was serving as a teacher at Sasbal Government H.P.S. School and since May, 2022, he was appointed as Principal, as the Headmaster Sri G.N.Patil (accused No.1) was elevated as Cluster Resource Center Coordinator (C.R.C.). She contended that, since her husband took over the charge as Principal, he was under tremendous pressure, as accused No.1 during his tenure as a Principal, not maintained proper documents, however, he had handed over charge to deceased Basavaraj, hence, the BEO/petitioner has been issuing notice to him, to rectify the documents or to maintain documents properly and other accused were harassing deceased Basavaraj, thus, he became fed up and depression. It is contended that, on 12/2/2023 at 7.30 p.m., Basavaraj left his house on his motorcycle and on the same night, at 10.00 pm, the brother of complainant Mallangouda informed her that, Basavaraj hanged himself to a Neem tree in the Tahsildar Office premises by leaving death note in his pocket, noting that all accused persons are responsible for his death. Hence, she lodged a complaint, thus, police registered a case in Crime No.37/2023 for the offence punishable under Sec. 306 read with Sec. 149 of IPC.