UDAY CHILAGOUDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.103167/2024 is filed by petitioners/accused Nos.2, 4 and 6 to 8, Crl.P.No.102838/2024 is filed by accused No.1 and Crl.P.No.103168/2024 is filed by accused Nos.3 and 5. All the three petitions are filed under Sec. 482 of Cr.P.C., praying to quash the entire proceedings in Spl.C.No.497/2024 pending on the file of the I Additional District and Sessions Judge, Ballari registered for offences punishable under Ss. 3(1)(f) , 3(1)(g) , 3(2)(v) , 3(2)(vii) , of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act" for brevity) and Ss. 306 , 107 and 34 of Indian Penal Code, 1860 (hereinafter referred to as " IPC " for brevity).

(2.) The case of the prosecution is that on 4/4/2024, at about 9.30 a.m., the complainant's relatives namely Abhishek and Huchengeppa, informed the complainant over phone that, on 4/4/2024, accused Nos.1 to 8 undertook labour/Civil work under NREGA (National Rural Employment Guarantee Act ) Scheme, in the Government land bearing Survey No.654/A measuring 5-00 acres which was allegedly in possession of complainant's family. At that time, the mother of complainant namely, Smt.Mylamma Didgi, said to have objected the accused Nos.1 to 8 from interfering with the possession over said lands and she voluntarily stated that she is being troubled by accused Nos.1 to 8, just because she belongs to Schedule Caste/Schedule Tribe and she suddenly drank the poison from a bottle brought by her and she was taken to hospital at Morigere and thereafter, she was shifted to Taluka Hospital, H.B. Halli and then to the District Hospital, Koppal. She died on 5/4/2024 at District Hospital, Koppal at about 11.30 a.m.

(3.) On 5/4/2024, respondent No.2 filed a complaint against accused Nos.1 to 8 and came to be registered in Crime No.21/2024 of Ittigi P.S. for offences under Ss. 3(1)(r) , 3(1)(s) , 3(2)(v) , 3(2) (v-a) of the Act and Ss. 504 , 149 , 306 of IPC. The police after investigation, filed chargesheet against the accused Nos.1 to 8 for offences under Ss. 306 , 107 , 34 of IPC and Ss. 3(1)(f) , 3(1)(g) , 3(2)(vii) and 3(2)(v) of the Act.