SRINIVASAN K. Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner is the complainant (CW-2). On the basis of his complaint, case has been registered in Crime No. 169/2015 by the Indiranagar Police Station on 16.5.2015 for the offence punishable u/S. 506 of Penal Code and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Subsequently, the complainant died. CWs 3 and 4 are the eye-witnesses to the incident.

(2.) The complainant in his complaint dated 15.5.2015 has stated that on 4.5.2015 at 2.30 p.m. he went to Adigas Hotel, Indiranagar, Bangalore. At that point of time, one Mr. Subramanyam, R. Madhusudan and Sri. M. Balaraju and Srinath Gowda were present there. He was accompanied by Muniswamy and one Mr. B.Ramesh to the venue in order to settle the lis pending between the complainant and the accused. At the time of discussion, the accused insisted the complainant to take back the case and then only they would sit for negotiation. When this was turned down and the complainant refused to withdraw the case, the accused persons shouted that complainant was an untouchable and the complainant is a Holeya and good for nothing and further abused him by using his caste stating that keelu Jaatiyalli hutti, neenu namma jothe koothu business madthiya, yestu dhairya ninage, soole magane, boli magane, ninna jaathige chappali biduva jagane correctu, maryadeyinda case na wapas thago, ilia andre ninnanna, ninna familyna, ninna jaathine illadange madthini holeya kalla soole magane . The accused persons assaulted the complainant in front of public and threatened with dire consequences and if the complainant fails to take back the case, he would be finished.

(3.) Immediately he went to Indiranagar police station and lodged the complaint on 4.5.2015. It is the case of the complainant that Indiranagar police refused to register the case. Thereafter, the complainant filed the complaint before the Vidhana Souhda police station, who registered case initially and thereafter transferred the crime to Indiranagar Police Station in Crime No. 169/15 for the aforesaid offences.