DAVID D SOUZA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused is before this Court calling in question the entire proceedings in S.C.No.38 of 2021 pending before the Principal District & Sessions Judge, Udupi District, Udupi arising out of Crime No.29 of 2020 registered for offences punishable under Ss. 306, 506, 504 and 201 of the IPC.

(2.) Facts, in Brief, are as follows:- One, Father Mahesh D'Souza, who was the Principal of Don Bosco CBSC English Medium School and Junior Priest of Shirva Parish committed suicide on 11/10/2019. It is the case of the prosecution that on 22/12/2019 one Stephen Richard Lobo registers a complaint before Shirva Police Station against Father Dennis Desa and Father Ashwin Prakash Aranha for offences punishable under Sec. 306 r/w 120B of the IPC. Second FIR comes to be registered on 26/2/2020 against the petitioner alleging that petitioner that he had indulged in a telephone conversion with Father Mahesh D'Souza immediately before his death and the Father had committed suicide owing to the conversion with the petitioner. It is alleged that the petitioner had threatened the Father that he would be defamed for having illicit relationship with the wife of the petitioner and had also made a statement that the Father should hang himself for the act of him having affair with the wife of the petitioner. This is said to be abetment to suicide of the Father Mahesh D'Souza. On that allegation a crime comes to be registered by the Police of Shirva Police Station who were conducting an inquiry into an UDR proceeding. UDR proceeding emerged on the score, that the death of Father Mahesh D'Souza was an unnatural death.

(3.) It is later the impugned complaint comes to be registered by the Circle Inspector of Shirva Police Station. The complaint becomes a crime in Crime No.29 of 2020 for the afore-quoted offences. The Police conduct investigation, collect statement of witnesses and file a charge sheet before the concerned Court on 9/9/2021 retaining the offences punishable under Ss. 306, 504 and 506 of the IPC and giving up Sec. 201 of the IPC but adding Sec. 204 of the IPC. The learned Sessions Judge then registers SC No.38 of 2021, which is now pending trial before the concerned Court. The filing of charge sheet is what has driven the petitioner to this Court in the subject petition.