BASAVARAJENDRA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. is to quash the proceedings in C.C. No. 44/2009 on the file of the Prl. Civil Judge (Sr. Dn.) and JMFC, Jamakhandi.

(2.) The petitioner was working as Assistant Commissioner in Jamakhandi. He was appointed as Returning Officer during General Elections held in the year 2008 for Jamakhandi Constituency. On 22.05.2008, while the petitioner along with Police personnel were on patrolling duty in Jamakhandi, they received information that near Mutton Market in Jamakhandi City, the Congress and BJP workers were engaged in canvassing for their respective candidates, even after the expiry of the period for canvassing and that the workers of both parties were fighting each other in violation of the election code. Immediately after receipt of information, the petitioner along with Police Personnel came to the spot, where he saw Congress candidate for Jamakhandi constituency - Siddu Nyamagouda and five others belonging to Congress party and one Sarvottam and five others belonging to BJP party, who were engaged in fighting each other. The Police apprehended all of them and they were arrested. In that connection, complaint came to be lodged by one B.S. Nyamagouda before Jamakhandi Town Police Station. On the basis of which crime No. 77/2008 came to be registered for the offences punishable under Ss. 143, 147, 323 read with Sec. 149 of IPC and Sec. 126 of Representation of People Act. The Police after investigation filed charge -sheet in C.C. No. 214/2008.

(3.) Enraged by the same, one Ravindra Basappa Yadahalli, Advocate of Jamakhandi lodged a complaint before Jamakhandi Police Station stating therein that on 21.05.2008 at about 9:45 p.m. while he came out from the house of Siddu Nyamagouda, the petitioner all of a sudden stopped his vehicle, he got down from his vehicle, wrongfully restrained the complainant, abused him in filthy language, snatched lati from the Police Constable and assaulted him with lati. Thereafter, he took gun from his Gunman and attempted to commit murder of the complainant. When the complainant raised hue and cry, the persons from the house of Siddu Nyamagouda namely, G.K. Matad and Bhaskar Badiger came to enquiry about the incident and that time the petitioner also abused them in filthy language and went away in his jeep. The complaint lodged by the complainant Ravindra Basappa Yadahalli against the petitioner came to be registered in crime No. 78/2008 for the offences punishable under Ss. 341, 328, 324, 504, 506(2) of IPC. The Police after investigation filed charge sheet against the petitioner in C.C. No. 44/2009.