PADMANABHA N.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner-accused Nos.1,3 and 4 under article 226 of Constitution of India read with Sec. 482 of Cr.P.C for quashing the criminal proceedings in Spl.C.No.460/2019 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, and to quash the order passed by the learned Special Judge on the discharge application, for the offences punishable under Sec. 143, 341, 447, 504, 506, 384 read with 149 of IPC Sec. 3(1) (r) (s) of the Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred as the SC & ST Act ).

(2.) Heard the arguments of learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned Senior counsel for the respondent No.2.

(3.) The case of the prosecution is that on the complaint filed by the respondent No.2 the police registered FIR and it is alleged in the complaint dtd. 30/7/2019 that he is running a resort in Sy.No.176/50 and 176/51 under the Memorandum of Understanding dtd. 9/7/2018 and the project agreement dtd. 12/7/2018 and it is stated that he has invested huge money also he has engaged the staffs for maintenance. The owners of the resort made an agreement with the accused No.5 and trying to intervene with his possession, therefore he had filed suit in O.S.No.341/2019 and obtained the injunction order against them. Inspite of the same, on 29/7/2019 the accused Nos.1 to 5 came to the resort, when the CW2 to CW4 were present and the accused picked up quarrel with CW2 and threatened with dire consequences. Also, they asked to remove the tractor otherwise they will kill them, otherwise they will assault the complainant as well as the CW2 to CW4. Hence, he has lodged the complaint, police registered FIR for the offence punishable under Sec. 143, 341, 447, 504, 506 read with 149 of IPC and during the investigation, the police invoked Sec. 3 of SC & ST Act, obtained the permission of Special Court and after the investigation they filed the charge sheet. The petitioner had moved application under Sec. 227 of Cr.P.C before the Special Court for discharge, which came to be rejected, hence petitioners/accused Nos.1, 3 and 4 are before this Court.