BASKAR RAO Vs. L KAMALAMMA

JUDGEMENT

(1.) THESE petitions are filed under Section 482 of the Cr. P. C. being aggrieved by the order of issue of process by the III Additional City cmm, Bangalore in C. C. No. 6843 of 2001 by order dated 7-7-2001 for the offence under Section 306 of the IPC.

(2.) ONE R. K. Shivakumar had filed a complaint against the petitioners herein and one more person alleging offence under Section 306 of the ipc and R. K. Girish Kumar, brother of the complainant was working at bangalore Dairy and that he was subjected to mental cruelty and harassment. Being unable to tolerate, on 12-6-1992, the said Girish kumar committed suicide by setting fire to himself. Later he was shifted to Victoria Hospital on the same day. While on the way to the Hospital, he is said to have informed the complainant that the accused persons, who are employees of Bangalore Dairy, were harassing him and ill-treating him and as such, he himself set fire and committed suicide. The said Girish Kumar was a Trade Union Member and was playing an active role in the activities of the Milk Dairy Union. Stating that the accused persons were harassing and ill-treating Girish Kumar, his brother-complainant filed a complaint. The Vijayanagar Police, after investigation, filed B Report and the same has been challenged by the complainant before the Court below and after taking cognizance of the offence and recording sworn statement of the complainant and other witnesses who are members of the Trade Union, the Court below stating that there is a prima facie case, ordered issue of process. Being aggrieved by the said order of taking cognizance and issue of process, the petitioners are before this Court seeking for setting aside the impugned proceedings and also issuance of process.

(3.) HEARD the Counsel for the petitioners on the previous occasion and also the Counsel representing the respondent-complainant.